Defendant disputes extent of injuries after U-turn collision. $292K. San Diego County.

Summary

Defendant admitted liability but disputed the claims of neck injury. Refused $100K policy limits demand.

Case Name: Mejia v. Vu
Court and Case Number: San Diego Superior Court / 2018-2443
Date of Verdict or Judgment: Friday, April 05, 2019
Date Action was Filed: Wednesday, January 17, 2018
Type of Case: MIST (Minor impact, soft tissue), Vehicles - Auto vs. Auto, Vehicles - U Turn
Judge or Arbitrator(s): Hon. Kevin A. Enright
Plaintiffs:
Marcela Mejia, 30, behavioral interventionist.
Defendants:
Anna Vu
Type of Result: Jury Verdict

Gross Verdict or Award: $292,244
Net Verdict or Award: $292,244
Contributory/Comparative Negligence: None.
Economic Damages:
Past medical expenses: $17,244

Future medical expenses: $125,000
Non-Economic Damages:
Past: $125,000

Future: $25,000
Jury Deliberation Time: 6 hours.
Jury Polls: Substantial factor: 12-0; all others 9-3.
Post Trial Motions & Post-Verdict Settlements: Plaintiff will be filing motions for costs and interest pursuant to 998.

Attorney for the Plaintiff:
Rejali Law Firm, APC by Omid Rejali, San Diego.
Attorney for the Defendant:
Law offices of Scott D. Schabacker by Scott D. Schabacker, San Diego.

Plaintiff’s Medical Expert(s):
William Tontz, Jr., M.D., orthopedic surgery, San Diego.

Stephen Heilman, D.C., chiropractic, Escondido. (Treating chiropractor.)
Defendant's Medical Expert(s):
Kenneth Ott, M.D., orthopedic surgery, San Diego.

Stephen Rothman, M.D., radiology.

Facts and Background:
On October 12, 2016 plaintiff was driving to her mother’s house to pick up her 5-month-old baby when defendant made an illegal U-turn directly in her right of way.
Plaintiff's Contentions:
As a result of the crash, plaintiff sustained injuries to her cervical spine, specifically that she lost the lordosis of her neck. Plaintiff also contended that she suffered from a facet injury in the C5/C6 region, which became chronic.
Defendant's Contentions:
That the crash was minor and at best plaintiff suffered a strain/sprain of her neck that should have been healed in 6 to 8 weeks.

That all of plaintiff’s treatments were on liens and attorney-manufactured. That plaintiff over-treated.

Defendant’s called Dr. Rothman who contended that plaintiff could have manipulated the X-rays to show that her neck had lost its curvature. Defendant’s also called a physical therapist who previously had treated plaintiff for a prior back injury. She testified that plaintiff had prior back problems and suffered 1-rated pain in her back.

Physical Injuries claimed by Plaintiff:
Loss of cervical lordosis; chronic neck pain; facet injury.

Insurer: Wawanesa

Update as of November 2020:

The trial court granted the defendant’s JNOV and reduced future damages by $125,000 in September 2019.

Plaintiff appealed and the Court of Appeal reversed the decision and reinstated the jury’s verdict in October 2020.

Wawanesa ended up paying $374,993.18 inclusive of pre and post-judgment interest.

Appellate counsel: Tharpe & Howell by Eric B. Kunkel.

Trial Counsel: Scott D. Schabacker.