Case details

Rear-ender caused soft-tissue neck and shoulder injuries: suit





Result type

Not present

neck, right shoulder
On Dec. 7, 2011, at approximately 12:30 p.m., plaintiff Monica Cruz, 34, a pharmacy technician, was a passenger in a vehicle stopped in traffic on West San Ysidro Boulevard in San Diego when his vehicle was rear-ended by a vehicle operated by Benjamin Acosta Lara. Cruz claimed to her neck and right shoulder. Cruz sued Lara, alleging the defendant was negligent in the operation of his vehicle. Specifically, Cruz contended that the vehicle she was traveling in came to virtually a full stop when it was rear-ended by Lara due to his inattentiveness. Lara admitted liability, and the matter proceeded to a trial on causation and damages., On the date of the accident, Cruz went to an emergency room with complaints of neck and right shoulder pain. She was subsequently diagnosed with soft-tissue strains and sprains, and treated with chiropractic care for three months. Cruz claimed that during her recovery, she was most primarily concerned about any possible complications because she had just undergone gastric bypass surgery seven weeks prior to the subject accident. Cruz claimed slight residual pain and discomfort, which has restricted her interactions with her fiancé and four children. She also missed two days of work following the accident, but did not make a lost earnings claim. Thus, Cruz sought recovery of $5,577.82 in past medical costs and $10,000 in damages for her pain and suffering. Defense counsel disputed Cruz’s alleged , contending that Cruz had pre-existing worker’s compensation , including to her neck, related to her work as a pharmacy technician. Counsel also contended that Cruz revived her worker’s compensation claim for the related after completing her three-month, post-rear-ender treatment with her chiropractor. In addition, defense counsel contended that Cruz over-treated her neck and shoulder . Thus, defense counsel argued that if Cruz were to be awarded damages, they should not total more than $2,500.
Superior Court of San Diego County, San Diego, CA

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