Plaintiffs delay treatment after low-impact rear-ender. Defense admitted liability but disputed extent of injuries.
- Case Name: Mikesell v. Chinol
- Court and Case Number: San Diego Superior Court / 37-2014-00013052-CU-PA-CTL
- Date of Verdict or Judgment: Wednesday, May 20, 2015
- Date Action was Filed: Monday, April 28, 2014
- Type of Case: Vehicles - Auto vs. Auto
- Judge or Arbitrator(s): Hon. John S. Meyer
Plaintiffs: Molly Mikesell, 40, hairstylist.Madison Kirby, 16, sandwich shop clerk.
Defendants: Francisco Chinol, Jr.Sara Chinol
- Type of Result: Jury Verdict
- Gross Verdict or Award: $375 for Molly Mikesell and $750 for Madison Kirby
- Net Verdict or Award: $375 for Molly Mikesell and $750 for Madison Kirby
- Trial or Arbitration Time: 3 days
- Jury Deliberation Time: 2 1/2 hours.
- Post Trial Motions & Post-Verdict Settlements: Defendants will be filing their cost bill.
Attorney for the Plaintiff:
Yasmine Djawadian, San Diego.
Attorney for the Defendant:
Austin Brownwood Cannon & Santa Cruz by Sylvia S. Aceves, San Diego.
Plaintiff’s Medical Expert(s):
David Hyunh, DC, chiropractics, San Diego. (Treating physician)
Defendant's Medical Expert(s):
Michael Millar, DC, chiropractics, Torrance.
Facts and Background
Facts and Background:
This case arose out of a low speed rear-end automobile accident involving two plaintiffs. On November 20, 2013 plaintiff Kirby was driving on Torrey Pines Road in La Jolla in stop-and-go traffic, with plaintiff Mikesell as passenger when their vehicle was hit from behind by defendant. Both plaintiffs first sought medical care nearly 3 weeks after the accident. The damage to defendants’1994 Chevrolet van totaled $606.84.
Plaintiffs claimed they waited to treat because they wanted to see if their injuries would improve. They claimed they were rear-ended at 30 miles per hour by defendant.
Defendants did not dispute liability. Defendants claimed that the accident was not of an injury-producing nature and the plaintiffs' delay in treatment demonstrated that.
Injuries and Other Damages
Physical Injuries claimed by Plaintiff:
Plaintiff Molly Mikesell claimed the following injuries as a result of the accident: head, neck, lower back, and both shoulders. Plaintiff Madison Kirby claimed the following injuries as a result of the accident: upper back, low back, shoulder, knee, and mood swings. The plaintiffs were also claiming residual complaints at trial due to the accident.
- Special Damages Claimed - Past Medical: $2,755.00 in bills for Molly Mikesell and $2,680.00 for Madison Kirby.
- Special Damages Claimed - Past Lost Earnings: Mikesell claimed $8,307 in loss of earnings. Kirby claimed loss of earnings in an unknown amount.
Demands and Offers
- Plaintiff §998 Demand: None.
- Defendant §998 Offer: $1,301 for Kirby and $1351 for Mikesell. Offered with their answer to complaint.