Facts

Kellie Yackee was walking in an apartment complex when she was struck by a reversing vehicle operated by Stephen Chou, who was backing out of a parking space. Yackee did not fall to the ground, as a nearby friend was able to steady her and break her fall.

Yackee proceeded to arbitration against Chou. She alleged that Chou negligently backed out of the parking space without looking over his shoulder, causing the accident.

Chou argued that he exercised reasonable care by checking his mirrors and backing out of the parking space slowly, but Yackee was negligent for failing to observe his vehicle.

Damages

Yackee requested more than $70,000 in total damages.

Injuries

Yackee alleged bulging and herniated discs at the cervical and lumbar levels, as well as persistent lower back pain and neck stiffness. She treated with chiropractic and acupuncture treatment.

Result

The arbitrator found Chou 100 percent at fault for the accident, but concluded that Yackee's treatment was excessive. Yackee was awarded only $10,000.