Case details

Rear-end crash caused soft-tissue injuries, plaintiffs claimed

SUMMARY

$98786

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, left wrist, neck
FACTS
At approximately 2:30 p.m. on June 9, 2012, plaintiff Jamshid Kaveh, 59, was stopped for a red light on Thousand Oaks Boulevard, in Westlake Village. He was accompanied by his son, plaintiff Rossteen Kaveh, 14, in the front passenger seat. While they were stopped, their vehicle was rear-ended by a vehicle operated by Cheryl Williams. Jamshid Kaveh claimed to his neck, back, and left wrist, while Rossteen Kaveh claimed to his neck and back. Jamshid and Rossteen Kaveh sued Cheryl Williams and the believed owner of her vehicle, John Williams. The Kavehs alleged that Ms. Williams was negligent in the operation of her vehicle and that Mr. Williams was vicariously liable for Ms. Williams’ . Ms. Williams admitted liability at trial, and the matter proceeded to assess causation and damages., Jamshid and Rossteen Kaveh were both treated at the scene of the accident, and then proceeded to attend an award banquet for Rossteen. They later followed up with a chiropractor on June 13, 2012. Rossteen claimed he suffered soft-tissue strains and sprains of his neck and back. He subsequently underwent two weeks of chiropractic care before he fully recovered. Rossteen’s father, Mr. Kaveh, also claimed soft-tissue strains and sprains of his neck and back. However, he also claimed an aggravation of a pre-existing osteoarthritic condition in his left, non-dominant hand and wrist. He subsequently treated with the a chiropractor for roughly three months. Mr. Kaveh claimed that despite treatment, he suffers residual pain in his left wrist, requiring a cortisone injection in March 2015. He also claimed that while fusion surgery on the wrist was recommended as a future treatment option, he is not pursuing the surgery. However, Mr. Kaveh claimed that his current condition prevents him from playing tennis or jogging. Thus, Mr. Kaveh sought recovery of $9,615 in past medical costs, plus recovery of damages for his past and future pain and suffering. He also sought recovery of $1,790 in past medical costs for his son, Rossteen, as well as recovery of damages for Rossteen’s past pain and suffering. Mr. Kaveh did not make a claim for lost earnings. Defense counsel did not seriously dispute the severity of plaintiffs’ alleged .
COURT
Superior Court of Ventura County, Ventura, CA

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