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 Action: 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:

    $6,815

  • Non-Economic Damages:

    $1,500

  • 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

  • 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. 

Disclaimer

This is not an official court document. While the publisher believes the information to be accurate, the publisher does not guarantee it and the reader is advised not to rely upon it without consulting the official court documents or the attorneys of record in this matter who are listed above.

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