Case details

Woman claimed neck, back injured in rear-ender at light





Result type

Not present

bulging disc, cervical, neck
On the evening of Sept. 12, 2009, plaintiff Johanna Moreno, 28, an auto saleswoman, was driving southbound on Centre City Parkway in Escondido. At approximately 7 p.m., while Moreno was stopped as the second vehicle for a red light at the intersection of Grand Avenue, she was rear-ended by a vehicle operated by Harold Dawson Stackhouse. Moreno claimed to her neck and lower back. Moreno sued Stackhouse. She alleged that he was negligent in the operation of his vehicle, causing the accident and her personal . Moreno contended that Stackhouse was driving inattentively as he approached the red light, and failed to slow and stop his vehicle on time to avoid impact. Stackhouse did not argue liability for the accident. , Moreno first was treated by an acupuncturist four weeks after the accident, due to lingering neck and lower back pain. She was referred to an orthopedist and underwent an MRI, which revealed cervical bulges. Moreno continued to be treated with acupuncture, as well as with chiropractic care, from October 2009 to February 2010. She also underwent treatment once with a physical therapist in her orthopedist’s office. Moreno claimed she still experiences some pain in her neck and shoulders, and that she is now restricted from exercise due to her . She claimed she can no longer afford treatment since she does not have health insurance. Moreno claimed $16,000 in past medical costs, and further sought damages for her pain and suffering. Stackhouse contended Moreno sustained no serious injury with any permanency. His expert orthopedist testified that reasonable and necessary treatment for plaintiff was no more than $3,000 ($2,000 for modalities and $1,000 for diagnostics), and that she did not require an orthopedist or MRIs. Stackhouse claimed that Moreno would have healed from her without seeing an orthopedist. Stackhouse also noted that the matter was referred to the Special Investigative Unit (SIU), due to provided billing from Moreno’s acupuncturist that predated the date plaintiff advised she started treating, in her recorded statement. Plaintiff, however, claimed that her acupuncturist corrected the billing error (which was resubmitted to plaintiff’s insurance company), and both the original and corrected statements were presented to the jury.
Superior Court of San Diego County, Vista, CA

Recommended Experts


Get a FREE consultation for your case