Case details

Plaintiff’s injuries caused by subsequent accidents: defense





Result type

Not present

back, epidural injections, neck, soft tissue
On Aug. 12, 2015, plaintiff Daniel Flores, 27, a carpenter, was driving on Interstate 210, in Monrovia, when his vehicle was rear-ended during a multiple vehicle collision. His vehicle was the fourth car impacted in the low-speed chain collision that began with Jong Kim’s vehicle. Flores claimed to his neck and back. Flores sued the driver, Jong Kim (also known as Jongho Kim), and the co-owner of the Kim vehicle, Lynn Kim (also known as Hyun Lynn Kim). Flores alleged that Jong Kim was negligent in the operation of his vehicle and that Lynn Kim was vicariously liable for Jong Kim’s actions. The Kims admitted liability for the accident., Flores claimed that his vehicle sustained $1,800 in damages and that he sustained soft tissue to his neck and back as a result of the collision. He presented to a hospital on the night of the accident and he ultimately received an epidural steroid injection to his lower back. Flores claimed he was constantly in pain and could no longer do daily activities with ease. He alleged he requires future epidural steroid injections to treat his neck and back. The plaintiff’s orthopedic surgery expert opined that Flores would eventually need lower back surgery. However, plaintiff’s counsel asked the jury to not to award for future surgery, as Flores did not plan to undergo the procedure. The parties stipulated that Flores’ past medical costs totaled $16,000. Flores also sought recovery of $200,000 in future medical costs for the epidural steroid injections, and an unspecified amount of damages for his past and future pain and suffering. Defense counsel argued that Flores’ alleged were not causally related to the subject crash. Counsel noted that Flores was involved in at least three subsequent accidents — with one in February 2016, one in November 2016 and one in August 2017 — and argued that those accidents were the cause of Flores’ . Defense counsel asked the jury to award Flores only $4,400 to $5,500, if anything.
Superior Court of Los Angeles County, Santa Monica, CA

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