Case details

Plaintiffs claimed rear-end crash caused spinal injuries





Result type

Not present

back, herniated disc, neck
On the morning of May 5, 2011, plaintiff Benny Chung, 36, an engineer, was driving on southbound State Route 57 in Diamond Bar, accompanied by his wife, plaintiff Risa Chung, 35, in the front passenger seat. At approximately 8:55 a.m., the Chungs’ vehicle was rear-ended by a vehicle operated by Blancey Gibson. Mr. and Mrs. Chung each claimed spinal . The Chungs sued Gibson the owner of Gibson’s vehicle, Dan Wineberg. The Chungs alleged that Gibson was negligent in the operation of the vehicle and that Wineberg was vicariously liable for Gibson’s actions. The defendants admitted liability for the accident, and the matter proceeded to a trial on damages., The Chungs drove to an urgent care facility on the date of the accident. Mr. Chung claimed back and neck , primarily cervical herniations at C5-6 and C6-7. He received three series of epidural injections and underwent physical therapy. However, Mr. Chung claimed residual neck pain and discomfort, causing him physical restrictions and preventing him from being able to play competitive tennis any longer. He claimed that as a result, he will require additional care and possible surgery. Mrs. Chung claimed primarily lumbar herniations at L4-5 and L5-S1, for which she received three series of epidural injections and underwent some physical therapy. She also underwent a discogram and discectomy. However, Mrs. Chung claimed residual lower back pain and discomfort, restricting her daily activities. The Chungs both waived economic damages prior to trial, and each asked for $120,000 in general damages. Defense counsel disputed the severity of the Chungs’ alleged and damages. Specifically, counsel argued the Chungs only suffered minor soft-tissue strains and sprains, which did not require epidural injections or any future surgery.
Superior Court of Los Angeles County, Los Angeles, CA

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