In a decision filed just last month, a California Appeals court entered their decision regarding a personal injury case.
The case arose out of a car accident whereby the plaintiff was purportedly rear-ended by the defendant. According to testimony, the accident occurred when the defendant’s foot accidentally slipped off the brake temporarily, while he attempted to reach an item that had fallen to the floor. After pulling over to assess the damage to their vehicles, both drivers ascertained negligible damage to their vehicles, no emergency services or tow vehicles were called, and the plaintiff did not exhibit any signs of injury. After exchanging insurance information, the two individuals drove off in their own vehicles.
The plaintiff filed a personal injury lawsuit against the defendant. The defendant answered, admitting liability for the collision and property damage, which had been paid, but denying that the accident had caused the plaintiff to suffer any damages. The issues of damages and causation went to a jury, and the ultimate verdict was in favor of the defendant. The plaintiff appealed, claiming that the testimony of the defendant’s designated medical expert was improper.