Case details

Plaintiff’s medical treatments were unnecessary: defense

SUMMARY

$2500

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
lower back, neck, shoulders
FACTS
On March 9, 2011, at approximately 11 a.m., plaintiff Sun Wouk Choi, 53, a liquor store owner, was operating his 2001 Ford F150 pickup truck in the left (number one) northbound lane of the Ventura Freeway in Los Angeles. Choi claimed that after he stopped for traffic, he was rear-ended by a 2009 BMW 320i that was operated by Mark Tobin. Choi claimed to his neck, shoulders and lower back. The accident was neither reported nor investigated by any police agency. Moreover, no witnesses to the accident were identified. Choi sued Mark Tobin and the believed co-owner of the BMW, Randi Tobin, Mr. Tobin’s wife. Choi alleged that Mr. Tobin was negligent in the operation of the BMW and that Mrs. Tobin was vicariously liable for her husband’s actions. It was ultimately determined that Mrs. Tobin was not an owner of the BMW. Thus, the claim against her was dismissed prior to trial. Choi claimed Mr. Tobin caused the accident by driving too fast for the traffic conditions. Mr. Tobin claimed there was no reason for Choi to have stopped. Thus, he claimed the accident was Choi’s fault for making an unsafe, unnecessary stop from a speed of 65 miles per hour., Choi claimed he sustained soft-tissue to his neck, shoulders and lower back. He did not go to the hospital following the accident, but later treated with his general practitioner for two months. Treatment consisted of ultrasound therapy, electrical stimulation, hot and cold packs, and massages. All of Choi’s complaints were resolved within two to three months. Choi did not make any claims for property damage or lost earnings. However, he sought recovery of $3,850 in past medical expenses. He also sought recovery of damages for his past pain and suffering. The defense’s expert orthopedic surgeon opined that most of the medical services rendered to Choi were either unreasonable or unnecessary. The expert also opined that Choi’s medical charges were excessive.
COURT
Superior Court of Los Angeles County, Chatsworth, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case