Insurer denies MIST claim after admitting liability. $14,038 total. San Diego County.


Driver negligently merges into plaintiff when both are in left turn lanes. Infinity Insurance denies claim, says minor impact.

The Case

  • Case Name: Jacqueline Wong v. Angela Santos
  • Court and Case Number: San Diego Superior Court / 37-2014-00033685
  • Date of Verdict or Judgment: Wednesday, November 18, 2015
  • Date Action was Filed: Friday, October 03, 2014
  • Type of Case: MIST (Minor impact, soft tissue), Vehicles - Left Turn
  • Judge or Arbitrator(s): Hon. Frederic Link
  • Plaintiffs:
    Jacqueline Wong, 27, massage therapist
  • Defendants:
    Angela Santos
  • Type of Result: Jury Verdict

The Result

  • Gross Verdict or Award: $8,315 verdict plus costs
  • Net Verdict or Award: $8,315 jury verdict plus costs of $5,723.19.
  • Contributory/Comparative Negligence: None.
  • Economic Damages:


  • Non-Economic Damages:


  • Punitive Damages:


  • Trial or Arbitration Time: 3 days.
  • Jury Deliberation Time: 3 hours.
  • Jury Polls: N/A
  • Post Trial Motions & Post-Verdict Settlements: Taxing plaintiff costs.

The Attorneys

  • Attorney for the Plaintiff:

    The Law Offices of Mark C. Blane, A.P.C. by Mark C. Blane, San Diego.

  • Attorney for the Defendant:

    Charles Oh, Ontario.

The Experts

  • Plaintiff’s Medical Expert(s):

    Mark Mossuto, D.C., chiropractic, San Diego.

  • Defendant's Medical Expert(s):

    Brian Pires, D.C., chiropractic, Pasadena.

Facts and Background

  • Facts and Background:

    Plaintiff was driving eastbound on West 9th Avenue in Escondido in a double-lane left turn onto southbound Interstate 15, in San Diego County. Defendant negligently merged into the driver side of plaintiff’s vehicle.  Medical care was all chiropractic care, and massage with a two-week gap after the accident.

    Infinity Insurance denied the Minor Impact Soft Tissue (MIST) case, with no visible property damage.

  • Plaintiff's Contentions:

    That there was sufficient bio-mechanical force to cause plaintiff's soft-tissue injuries.

  • Defendant's Contentions:

    Defendant contended the force of impact could not cause injury as there was minimal property damage to both vehicles. 

Injuries and Other Damages

  • Physical Injuries claimed by Plaintiff:

    All soft tissue injuries in neck and back.

  • None.

Special Damages

  • Special Damages Claimed - Past Medical: $6,815.00
  • Special Damages Claimed - Future Medical: None.
  • Special Damages Claimed - Past Lost Earnings: None.
  • Special Damages Claimed - Future Lost Earnings: None.

Additional Notes

Pre-litigation offer was $0.00.