Insurer denies MIST claim after admitting liability. $14,038 total. San Diego County.
Summary
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
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Plaintiffs: Jacqueline Wong, 27, massage therapist
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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.
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Economic Damages:
$6,815
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Non-Economic Damages:
$1,500
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Punitive Damages:
None.
- 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
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Attorney for the Plaintiff:
The Law Offices of Mark C. Blane, A.P.C. by Mark C. Blane, San Diego.
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Attorney for the Defendant:
Charles Oh, Ontario.
The Experts
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Plaintiff's Medical Expert(s):
Mark Mossuto, D.C., chiropractic, San Diego.
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Defendant's Medical Expert(s):
Brian Pires, D.C., chiropractic, Pasadena.
Facts and Background
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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.
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Plaintiff's Contentions:
That there was sufficient bio-mechanical force to cause plaintiff's soft-tissue injuries.
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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
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Physical Injuries claimed by Plaintiff:
All soft tissue injuries in neck and back.
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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.