Case details

Plaintiffs: Rear-ender caused shoulder, neck and back injuries

SUMMARY

$153000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, neck, shoulder
FACTS
On Feb. 13, 2013, at approximately noon, plaintiff Stephanie Callahan, an unemployed 46 year old, was driving a sport utility vehicle on P Street in Fresno while accompanied by plaintiff Victor Carter, an unemployed 50 year old, in the front passenger seat. While waiting for a parking spot in front of City Hall, their vehicle was rear-ended by a pickup truck owned and operated by a county employee. Callahan and Carter both claimed neck and back , while Carter also claimed shoulder . Callahan and Carter sued the county of Fresno. (The complaint initially listed the defendant as “Fresno County Sheriff”.) Callahan and Carter alleged that the county was statutorily liable for the truck driver’s negligence. The county conceded liability for the accident, and the matter proceeded to a trial on causation and damages., A few days after the accident, Callahan treated at a Kaiser facility, where she ultimately received three months of physical therapy to treat soft-tissue strains and sprains of her neck and back. Callahan claimed she still experiences headaches stemming from her , which restricts her daily activities. Thus, she sought recovery of $5,500 in past medical costs and recovery of damages for her pain and suffering. She also claimed property damage in the range of $592.67 to $1,647.49. Carter first treated at an urgent care facility one week after the accident. He also treated with a chiropractor for his neck and back, but further sustained a tear of his dominant right shoulder’s superior labrum, anterior and posterior, (or SLAP tear). He subsequently underwent arthroscopic surgery on his right shoulder in February 2014. Carter claimed he was left with restrictions related to his ongoing shoulder issues. Thus, he sought recover in excess of $100,000 for past medical costs and sought recovery of damages for his pain and suffering. Defense counsel disputed the plaintiffs’ alleged and damages. Regarding Callahan, defense counsel argued that reasonable past medical costs only amounted to $1,000 for Callahan’s chiropractic care. Regarding Carter, defense counsel argued that Carter’s shoulder injury was not causally related to the accident, since Carter did not complain about it until sometime after the accident, and that Carter’s right shoulder MRI showed degenerative changes. Thus, counsel contended that Carter’s damages should only amount to roughly $2,000 for chiropractic care only.
COURT
Superior Court of Fresno County, Fresno, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case