Case details

Spinal treatment required after freeway crash, plaintiff alleged

SUMMARY

$34047

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
anxiety, back, bulging disc, cervical, emotional distress, mental, neck, psychological
FACTS
At around 7 p.m. on June 16, 2013, plaintiff Joanne Shin, 21, a college student at University California, San Diego, was driving in the fast lane — the number one lane closest to the median — on the northbound San Diego Freeway, also known as Interstate 5, in Oceanside. After Shin stopped for traffic on the part of the freeway where there are six lanes of travel, three lanes in each direction, her vehicle was rear-ended by a white BMW operated by Summer Gibson. The force of the impact pushed Shin’s vehicle into the car in front of her. She subsequently sustained to her neck and back. Shin sued Gibson, alleging that Gibson was negligent in the operation of her vehicle. Plaintiff’s counsel contended that prior to the collision, Gibson was on her cell phone and not paying attention to the traffic in front of her, which had come to a complete stop. Gibson claimed the collision occurred “…very briefly after…” she hung up her cell phone. Thus, she stipulated to liability., Shin complained of neck and back pain at the scene of the collision. She also claimed she experienced a panic attack. As a result, paramedics arrived and took full C-Spine immobilization precautions. Shin was then taken to a hospital, where she was released later that evening. She claimed that the next day, when when she woke up, she found that should could barely move. After getting advice from her older sister, who was previously also in a car accident, Shin hired an attorney and, by the afternoon, began treatment with a chiropractor for her neck and back complaints. An MRI later revealed a 3-millimeter disc bulge at the C5-6 and C6-7 levels. Shin underwent over 14 chiropractic sessions, after which her back pain improved. However, she claimed that her neck pain remained constant. As a result, her attorney sent her to a pain management specialist, who gave three epidural injections to Shin’s neck. Shin claimed that pain completely resolved after the third injection, and was completely healed nine months after the collision, on April 3, 2014. However, she claimed that during her recovery, she suffered from pain, inconvenience, loss of enjoyment of life, anxiety, fear, turmoil, humiliation, embarrassment, ordeal, shock, apprehension, discomfort, and emotional distress. She also claimed that the collision exacerbated her prior history of panic attacks, making her unusually susceptible to additional panic attacks. In addition, plaintiff’s counsel presented lay witnesses to testify about specific examples of Shin’spast non-economic damages. Plaintiff’s counsel noted that, earlier on the date of the collision, Shin had graduated from UC San Diego, where she was studying to earn a Bachelor’s degree in Electrical Engineering. (Shin now has a Master’s degree in Electrical Engineering.) Shin’s entire family was there to celebrate her achievement as Shin began the next chapter of her life. After graduation, Shin prepared to go home to Pasadena for the summer. Counsel even noted that as Shin packed up her things, she told her family, “Go home. I’ll be right behind you.” Thus, plaintiff’s counsel asked the jury to award Shin $100 per day for the 291 days that Shin experienced her non-economic items of harm, totaling $29,100. Counsel also contended that Shin’s past medical costs totaled $28,633.10. Thus, plaintiff’s counsel asked the jury to award Shin $50,000 in total damages. Defense counsel noted that Shin admitted that there was no damage to the front of her car following the collision. Counsel contended that although Shin claimed that she suffered a “panic attack” at the scene, normal blood pressure and a normal pulse were measured at the scene. Defense counsel also contended that although Shin complained of beck and back pain to the paramedics, the emergency room physician noted that both areas were pain free and normal. In addition, counsel contended that Shin’s treating chiropractors only reported sprain and strain . Defense counsel argued that Shin did not receive a number of the medical services that were set forth in her bills and that, specifically, the chiropractors at Prestige Integrative Health Center billed on a lien for manipulations, traction, an ultrasound, exercises, hot and cold packs, and massages, all of which Shin testified that she never received. Counsel also argued that the medical treatment Shin did receive was unreasonable and unnecessary, and that Shin’s bills were too high. Thus, during closing, defense counsel asked the jury to only award $4,000 for Shin’s past medical expenses. In response, plaintiff’s counsel struck the suspect items from the medical bills before arguing that the bill for the three epidural injections was unreasonable, but should be cut in half. Thus, during closing, plaintiff’s counsel asked the jury to award between $19,000 and $21,000 for Shin’s past medical expenses.
COURT
San Diego County Superior Court, North County, CA

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