Case details

Rear-end crash caused spinal injuries, plaintiff claimed





Result type

Not present

back, neck, soft tissue, sprains, strains
On May 15, 2009, plaintiff Ben Zarza, 63, an engineer, was driving on N. Harbor Drive in San Diego when he stopped at the intersection of W. Grape Street. While stopped at the intersection, a vehicle operated James Kruzen rear-ended him. Zarza claimed to his neck and back. Zarza sued Kruzen. He alleged that the defendant was negligent in the operation of his vehicle. Specifically, Zarza contended that Kruzen was driving inattentively and failed to stop in time to avoid the impact. Kruzen admitted liability, and the matter proceeded to a trial on causation and damages., Following the accident that day, Zarza went to a chiropractor with neck and back complaints. He was diagnosed with soft-tissue strains and sprains, and treated with chiropractic care for roughly two to three months. Zarza missed three days of work following the accident and claimed minimal lost earning damages. He admitted that he is now fully healed from his , with no residuals or need for further care. Thus, Zarza sought recovery of $3,866 in damages for his past medical costs and unspecified damages for his past pain and suffering. Defense counsel contended that Zarza did not sustain any serious injury from the subject accident, and that the plaintiff’s treatment was excessive. Counsel further claimed that the plaintiff’s were minor, and that a reasonable and necessary cost for treatment, as testified by the defense’s orthopedic expert, should have been in the amount of $1,500.
Superior Court of San Diego County, San Diego, CA

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