Case details

Plaintiffs’ injuries do not need future care, defense argued

SUMMARY

$491000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
arm, back, disfigurement, head, headaches, neck, scar
FACTS
On Jan. 17, 2015, plaintiff Corie Johnson, 22, a retailer’s clerk, was driving on State Route 60, in Riverside. Her mother, plaintiff Carol Johnson, a 44-year-old unemployed woman, was a front-seat passenger. Their vehicle’s front right side was struck by the rear of a tractor-trailer operated by Russell Kresge II. The impact caused the Johnsons’ vehicle to spin and roll over into oncoming traffic. Corie Johnson claimed to her neck and back. Carol Johnson claimed to her neck, back and an arm. The Johnsons sued Kresge, Conway Freight Inc., Con-Way Inc. and XPO Logistics Freight Inc., which was initially erroneously sued as XPO Logistics Inc. The Johnsons alleged that Kresge was negligent in the operation of the tractor-trailer and that the remaining defendants were vicariously liable for Kresge’s actions. The matter ultimately continued against only Kresge and his employer, XPO Logistics Freight Inc. Kresge and XPO Logistics Freight admitted liability for the accident., The Johnsons were taken to a hospital. Corie Johnson sustained soft tissue to her neck and back. She also claimed she suffered headaches. She underwent physical therapy to treat her spinal and was out of work for a few days. However, Corie Johnson claimed that she requires additional physical therapy to treat her spinal condition. Corie Johnson sought recovery of past and future medical costs, past loss of earnings, and damages for her past and future pain and suffering. Carol Johnson sustained an abrasion to an arm as well as soft tissue to her neck and back. She was allegedly the more injured one of the two plaintiffs. Carol Johnson was previously being monitored for pre-existing conditions at the time of the accident, and she contended that the subject collision either caused or exacerbated her back pain. Carol Johnson underwent physical therapy to treat her spinal condition. However, she claimed her back pain got worse. She also claimed she was left with a scar on her arm. As a result, she alleged that she will require a scar revision surgery in the future and that she may require additional treatment for her back. Carol Johnson sought recovery of past and future medical costs, and damages for her past and future pain and suffering. Defense counsel argued that the alleged by Corie Johnson and Carol Johnson had resolved and did not require any more care.
COURT
Superior Court of Riverside County, Riverside, CA

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