This case stems from a two vehicle side-swipe collision that occurred on October 2, 2020. The accident occurred when the defendant vehicle made a left turn in front of Plaintiff’s vehicle causing a collision to Plaintiff’s driver’s side rear fender/tire. Defendant admitted liability for the accident but disputed causation and the nature and extent of the injuries.
The 70 year old plaintiff has a history of neck and shoulder injuries but argued she sustained injuries including a rotator cuff tear requiring surgery from the accident. She testified she scheduled a second shoulder surgery just before trial. She also argued she had neck pain and problems and required a cervical fusion as a result of the accident. By testimony of plaintiff and her family she argues her golden years were ruined, and she had pain and suffering with anxiety, disfigurement, and emotional distress. The defense argued the injuries were preexisting and the treatment and injuries were not a result of the accident.
Past Meds were $107,812 which included Orthopedical care and surgery at Kaiser. Future meds were a minimum of $245,00. After deliberating for just 2 hours the jury found no causation for the injuries. Defense had offered a CCP 998 for $105,000 prior to trial so they will recover costs for their client.