Disputed nature and extent of injuries and damages in rear-ender. $220K. Santa Clara County.

Facts and Background

• Facts and Background:

  On December 4, 2019, plaintiff, a 30-year-old professional dancer, was driving  her 2005 Acura RSX,  a small two door sedan, travelling on Central Expressway in Sunnyvale. She was slowing down due to stopped traffic in front of her. Defendant driver crashed into the rear of plaintiff’s sedan. The impact was strong enough that plaintiff’s vehicle was pushed into the car stopped in front. At the time of the crash, plaintiff was on her way to a youth theater performance she was choreographing. She was picked up from the scene by a friend and driven to her intended destination.

  Two days later plaintiff was seen at a local urgent care clinic. Her initial complaints included headaches, neck and back pain. She then received several sessions of chiropractic treatment and several rounds of physical therapy. She was also followed by a neurologist and a pain management specialist. She had cervical and lumbar MRIs. 

• Plaintiff's Contentions:

  That defendant was distracted by being on her cell phone while trying to turn on her car heater and that defendant failed to brake before crashing into the rear of plaintiff's car.

• Defendant's Contentions:

  Defendant admitted liability but disputed the nature and extent of injuries and damages. Defendants argued that plaintiff’s neck and back injuries were essentially sprains that should have resolved within six months, at the most. They disputed that plaintiff suffered a brain injury.

  Plaintiff was very active on social media following the incident, posting videos and photos of herself dancing and traveling. Defendants used plaintiff’s photos and videos on social media in an attempt to show that she had fully recovered from any injuries in the accident within several months.