Facts

Brittany Fitzgerald was driving her car on the freeway. She was struck by a box truck operated by Shing Mok as she slowed for stopped traffic. She sued Mok and the co-owner alleging negligent operation of a motor vehicle and vicarious liability as against the co-owner. The co-owner was later dismissed and the trial continued as to Mok only.

Mok claimed he was unable to stop his truck in time to avoid a collision despite turning his vehicle in an attempt to avoid Fitzgerald's vehicle.

Damages

Fitzgerald claimed $5,670.97 in medical expenses and $140,000 in wage loss.

Injuries

Fitzgerald was transported to the hospital via ambulance. She suffered soft-tissue injuries to her back. She also suffered cervical pain, swelling in the back, which resulted in radiating pain to her hand and tingling in her lower extremities. She claims to continue to suffer from headaches and nightmares as a result of the incident. Fitzgerald underwent physical therapy and received pain medication for her injuries. She also had limited counseling for several months and claimed to suffer from psychological problems as a result of the crash.

Result

The jury rendered a verdict in favor of Fitzgerald and awarded her $96,405.45, which included $28,085 in past medical costs and $53,320 in past lost earnings.