Case details

Rear-ender caused neck and back injuries, plaintiff claimed




Mediated Settlement

Result type

Not present

back, neck
On Jan. 10, 2012, at approximately 7:50 p.m., plaintiff Sorin Ly, 25, an unemployed veteran, was driving on eastbound on Moorpark Avenue in an unincorporated area of Santa Clara. While stopped for traffic at the intersection with Bascom Avenue, Ly was rear-ended by a sport utility vehicle operated by Rick Finamore. Ly claimed to his neck and back. Ly sued Finamore, alleging the defendant was negligent in the operation of the SUV. Ly contended that Finamore told police that he had consumed “a couple” of martinis earlier in the evening. He also contended Finamore was talking to his son on speaker phone at the time of the accident and failed to appreciate the vehicles stopped for traffic at the subject intersection. The impact caused a chain-reaction collision involving two other vehicles stopped in front of Ly., Ly claimed soft-tissue strains and sprains to his neck and lower back. He was subsequently taken by a family member to an emergency room and then treated with a chiropractor 22 times over four months. Ly claimed he now suffers from post-traumatic stress disorder as a result of the accident. Thus, he sought recovery of $21,866 in past medical costs. He also sought recovery of damages for his pain and suffering. Defense counsel contended that Ly’s psychological problems were caused by his tour of duty in Iraq rather than the subject automobile accident.
Superior Court of Santa Clara County, Santa Clara, CA

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