Em Ho v. Diem Truong
Published: Jan. 8, 2011 | Result Date: Oct. 4, 2010 | Filing Date: Jan. 1, 1900 |Case number: 109CV135753 Verdict – Defense
Facts
Em Ho was driving straight on Los Coches St. after the light had just turned green. She was the first vehicle stopped at the red light at the Los Coches and South Milpitas Blvd. intersection. As she drove through the intersection, suddenly, and without warning, a vehicle being driven by Diem Truong broadsided her.
Truong's carrier placed this claim under its Special Investigation Unit based on numerous alleged inconsistencies and irregularities.
Contentions
PLAINTIFF'S CONTENTIONS:
Ho sued Truong for negligent operation of a motor vehicle alleging that Truong ran a red light at the intersection, causing the collision. A witness who was behind Ho at the intersection supported her claim.
DEFENDANT'S CONTENTIONS:
Truong denied running a red light. She testified that as she entered the intersection, the light immediately turned yellow and that before she could clear the intersection, Ho immediately took off on the green light, causing the collision.
Damages
Ho claimed to have missed a month of work as a result of the accident. She sought $5,654 in past medical costs, and $1,130 in past lost earnings. She also sought damages for past and future pain and suffering.
Injuries
Ho claimed injuries to her neck, back, and left leg. She claimed soft tissue injuries to her back and neck, which required chiropractic care lasting approximately three months, on and off. She suffers from residual pain and discomfort, and is restricted from lifting or sitting for long periods of time.
Result
The jury rendered a verdict in favor of Truong.
Deliberation
1.5 hours
Poll
10-2
Length
two days
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