Case details

Rear-end crash caused back and neck injuries: passenger





Result type

Not present

back, emotional distress, lower back, mental, psychological
On Oct. 3, 2010, plaintiff Fernando Navarrete, 57, was driving a 2007 Volvo XC90 with his wife, plaintiff Victoria Navarrete, 27, as a passenger. They were both Taekwondo instructors and studio owners. As they were stopped for a red light on Market Street, near Eureka Street, their vehicle was rear-ended by a 1993 BMW operated by Eric Chun Khun Lee. Mrs. Navarrete claimed to her neck and back as a result of the collision, while her husband denied any physical . The Navarretes sued Eric Lee and the registered owner of the vehicle, Lun Lee. The Navarretes alleged that Eric Lee was negligent in the operation of the BMW and that Lun Lee was vicariously liable for Eric Lee’s actions. The Lees conceded liability., After the accident, Mr. and Mrs. Navarrete were both taken to a hospital. Mrs. Navarrete claimed neck and back . She subsequently treated with physical therapy, acupuncture, chiropractic treatment, spinal injections, and transcutaneous electrical nerve stimulation therapy. However, Mrs. Navarrete claimed that she continues to require physical therapy, chiropractic treatment and spinal injections, as well as will eventually require lower back surgery. Mr. Navarrete claimed that he did not suffer any serious physical in the case, but that he does suffer from emotional distress as a result of the incident. He also sought recovery of damages for his loss of consortium. The Navarretes’ vehicle sustained $2,000 in property damage. Defense counsel contended that the Navarretes could not have sustained all of the claimed from the low-speed collision.
Superior Court of San Francisco County, San Francisco, CA

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