Case details

Sideswipe collision caused back injury, plaintiff claimed





Result type

Not present

back, head, headaches, herniated disc
On Feb. 8, 2018, plaintiff Loc Pham, an attorney, was driving on the Costa Mesa Freeway, also known as State Route 55, in Orange. As he entered the transition to the Garden Grove Freeway, also known as State Route 22, his vehicle was sideswiped by a vehicle operated by Nga Wilson. After the collision, both drivers continued driving nearly one mile until they exited the freeway to exchange information. Pham claimed to his head, neck and back. Pham sued Wilson and the owner of Wilson’s vehicle, Carl Wilson. Pham alleged that Ms. Wilson was negligent in the operation of her vehicle and that Mr. Wilson was vicariously liable for Ms. Wilson’s actions. Plaintiff’s counsel contended that Ms. Wilson missed the transition and that her vehicle struck Pham’s vehicle while attempting to enter westbound Garden Grove Freeway from the median gore point. Counsel also contended that Ms. Wilson admitted fault after the impact but changed her story later. Ms. Wilson disputed being at fault and maintained that Pham’s vehicle struck her vehicle., Pham claimed he suffered a disc herniation at the L5-S1 level. He also claimed that he suffered neck pain and headaches as a result of the crash. After the parties exchanged information, Pham drove to work and then left early to treat with a chiropractor. He continued to treat conservatively by undergoing 75 chiropractic sessions, receiving one epidural injection to his lumbar spine, and performing home exercises during the 1.5 years leading up to trial. Pham claimed that his neck pain and headaches resolved shortly after the accident, but that he continues to suffer lower back pain. He claimed that a lumbar discectomy was recommended. Pham sought recovery of $28,774.85 in past medical costs and $75,000 in future medical costs. He also sought recovery of damages for past and future pain and suffering. Defense counsel disputed the seriousness of Pham’s alleged . Counsel noted that the incident involved a sideswipe collision with minimal property damage and that neither driver lost control of his or her vehicle. Counsel also noted that both drivers drove another mile after the collision before pulling over to exchange information. Defense counsel maintained that photographs of the vehicles depicted property damage that was too minor to cause the Pham claimed. Counsel also maintained that it was suspect that Pham was a lawyer who referred his own clients to the same providers that Pham treated with on a lien. In addition, defense counsel contended that Pham had an eight-month gap in treatment, during which time Pham went on vacation to Mexico and gave a deposition claiming that he only had occasional, not daily, pain and that it was only when it was cold in the mornings.
Superior Court of Orange County, Orange, CA

Recommended Experts


Get a FREE consultation for your case