Case details

Taxi driver’s injury claims were inconsistent, defense argued





Result type

Not present

back, cervical, lumbar, neck, sprain, strain
On Nov. 18, 2013, plaintiff Firouz Mahdavi, 66, a taxi cab driver, was driving on Harrison Street, in San Francisco, when his taxi cab collided with a vehicle operated by Jose Garcia near the intersection with Fourth Street. Mahdavi claimed to his neck and back. Mahdavi sued Jose Jesus Garcia (who was initially erroneously sued as both “Jose Garcia” and “Jesus Garcia”). Mahdavi alleged that Garcia was negligent in the operation of his vehicle. Specifically, Mahdavi claimed that his taxi cab was at a stop when Garcia’s vehicle rear-ended it. Garcia claimed that Mahdavi suddenly stopped in the middle of the road. Garcia’s counsel noted that there was little physical evidence and that Mahdavi’s case relied mostly on his own word. However, according to defense counsel, during cross examination, Mahdavi was shown to be unreliable., Mahdavi claimed that he suffered sprains and strains to his neck and back. He did not present to the emergency room after the accident, but two days later, on Nov. 20, 2013, he began receiving chiropractic care. During the three months of chiropractic treatment, Mahdavi received electric stimulation and adjustments from the chiropractor. Mahdavi claimed he could not work for two weeks. He also claimed that his last chiropractic visit was in late January 2014 and that he was pain free at that point. He claimed that as a result, he has no limitations and does not require any subsequent care. Thus, Mahdavi sought recovery $3,005 in medical costs for his chiropractic care, approximately $3,000 in lost wages, and $981.58 in property damage. Defense counsel disputed Mahdavi’s alleged and damages. Counsel contended that the plaintiff’s chiropractor’s statements directly contradicted Mahdavi’s testimony because the chiropractor included treatment from June/July 2014, which Mahdavi claimed was unrelated to the accident. During cross-examination, Mahdavi was impeached using his deposition transcript. Specifically, defense counsel noted that Mahdavi testified at trial that he was seeing an acupuncturist for neck and back pain two months before the accident, which contradicted his deposition, where Mahdavi stated that he was pain free in the months before the accident. According to defense counsel, Mahdavi was also inconsistent in regard to when he first felt pain after the accident and whether his chiropractor recommended getting an X-ray or an MRI.
Superior Court of San Francisco County, San Francisco, CA

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