Facts

On Nov. 16, 2005, plaintiff Dori Cottrill was driving on Antonio Parkway in Mission Viejo when she was involved in a vehicle collision with defendant Vuong Bui. Cottrill later sought chiropractic treatment from defendant Alfred Tomp, who was her regular chiropractor from 1996 until 2005. She visited Tomp again in June 2007. Cottrill sued Bui and Tomp.

PLAINTIFF'S CONTENTIONS:
Cottrill claimed Bui attempted to cross traffic illegally from across several lanes of traffic in front of Cottrill. Cottrill claimed Tomp was liable for medical malpractice related to a June 2007 treatment, necessitated by the vehicular injury and Tomp's treatment.

DEFENDANTS' CONTENTIONS:
Bui and Tomp claimed that Cottrill's previous injuries in a golf cart accident caused her neck pain and necessitate surgery. They further contended that 90 percent of her range of motion was restored in the first week of therapy and thus required she no further treatment. After the accident, they contended, Cottrill became a PGA teaching golf pro and continued to golf on a regular basis without complaints to her health care provider. Any pain, they claimed, was related to golf.

Settlement Discussions

Bui offered $8,254 via, C.C.P. section 998. Tomp offered a waiver of costs, via C.C.P. section 998.

Damages

Cottrill claimed a totaled vehicle and damages for medical costs, lost wages, loss of earning capacity as a golf instructor, and pain and suffering.

Injuries

Cottrill claimed lumbar, cervical, and radicular pain that required a C6-7 paramedian microsurgical discectomy. She claimed three physical therapy sessions in the week following the accident. Cottrill also claimed severe pain and limitations.A second surgery, an anterior decompression and stabilization of her spine from the C3-7 levels, was necessitated, but Cottrill claimed she could not afford.

Result

The jury found against Bui for $7,680, which represented the period before Tomp's treatment. The jury also found that the collision had no role in the surgery. The jury found that Tomp breached a standard of care, but that Cottrill would have required surgery, regardless. Bui was awarded $37,657 in costs, and Tomp $47,882.

Length

six days