Case details

Sideswipe collision caused neck and back injuries: plaintiff

SUMMARY

$4694.16

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, neck, soft tissue, sprains, strains
FACTS
On Oct. 17, 2011, plaintiff Juliana Mendes was driving on a public street in La Jolla when she was sideswiped by a vehicle operated by Deshou Cao. Mendes claimed to her neck and back. Mendes sued Cao, alleging the defendant was negligent in the operation of her vehicle. Cao admitted liability for the accident, and the matter proceeded to a trial on causation and damages., On the day after the accident, Mendes went to an emergency room, where she was treated and released. She claimed soft-tissue strains and sprains of her neck and back. She subsequently treated with a few months of physical therapy and acupuncture. Mendes claimed she still has some residual lower back pain, but does not seek further treatment. Thus, she sought recovery of $17,294.16 in total damages, including $596.16 in stipulated lost earnings. Defense counsel contended that Mendes had limited medical treatment and recovered well from the accident. Thus, counsel argued that Mendes should be awarded general damages lower than what she asked for.
COURT
Superior Court of San Diego County, San Diego, CA

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