Case details

Suit: Broadside crash caused injuries to driver and daughter





Result type

Not present

back, left shoulder, neck, right shoulder, teeth.
On Dec. 26, 2008, plaintiff Michael Mandel, 57, a chef, was driving on Adeline Street in Berkeley, accompanied by his daughter, plaintiff Alexandra Mandel, 22, a student, in the front passenger seat. At approximately 5:30 p.m., while crossing the intersection with Stuart Street, their vehicle was broadsided by a vehicle operated by Elizabeth Veale. Mr. Mandel claimed to his neck, back, left shoulder, and teeth. His daughter claimed to her neck and right shoulder. Mr. Mandel and Ms. Mandel sued Veale and the registered owner of the vehicle, Polly Young. The Mandels alleged that Veale was negligent in her operation of her vehicle and that Young was vicariously liable for her actions. Plaintiffs’ counsel contended that Veale had a stop sign while the Mandels’ part of the intersection was uncontrolled. Thus, counsel argued that Veale failed to yield the right of way at the subject intersection. Veale admitted liability for the accident, and the matter proceeded to a trial on causation and damages., Three days after the accident, Ms. Mandel went to a chiropractor to begin treatment of soft-tissue strains and sprains of her neck and right shoulder. She subsequently treated for one month and then underwent another three to four months of chiropractic treatment roughly one year later. Ms. Mandel claimed she has some residual complaints of pain and discomfort in her neck and right shoulder, although she is not currently seeking further treatment. Thus, she sought recovery of $5,160 in past medical costs, and recovery of damages for her pain and suffering. Roughly one week after the accident, Mr. Mandel presented to UCLA Medical Center with complaints of pain to his left shoulder, to the left side of his mouth, and to his neck and back. He was subsequently diagnosed with a torn labrum in his left shoulder and a fracture of the root of tooth number 12, as well as soft-tissue strains and sprains of his neck and back. Mr. Mandel treated with an orthopedist, chiropractor and acupuncturist off-and-on for roughly three years. He also received dental work for his fractured tooth. Mr. Mandel claimed that while his dental injury has resolved, he still experiences residual pain to his neck, back and left shoulder. He also claimed that his shoulder will require surgery. Thus, he sought recovery of $50,300 in total medical costs, and recovery of damages for his pain and suffering. Defense counsel conceded to all of the and treatments alleged regarding Ms. Mandel. Counsel also conceded to Mr. Mandel’s orthopedic , including the labral tear. However, defense counsel argued that Mr. Mandel will not require shoulder surgery in the future. Counsel also denied that Mr. Mandel suffered a dental injury from the subject accident, arguing that the alleged tooth injury was caused by multiple prior traumas.
Superior Court of Alameda County, Oakland, CA

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