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Personal Injury
Auto v. Auto
Rear-End Collision

Wayne Huang v. Cleansleeves.com, PurpleTie Inc., Jose Dubon, and Does 1 through 20

Published: Feb. 23, 2013 | Result Date: Dec. 4, 2012 | Filing Date: Jan. 1, 1900 |

Case number: CIV502525 Verdict –  Defense

Court

San Mateo Superior


Attorneys

Plaintiff

Issa J. Michael

S. Alex Liao


Defendant

Steven C. Toschi
(Toschi, Collins & Doyle LLC)


Experts

Plaintiff

Paul Slosar Jr.
(medical)

Defendant

Bruce McCormack
(medical)

Facts

Wayne Huang was driving along 42nd Avenue in San Mateo when his vehicle was struck by another operated by Jose Dubon. Dubon was driving a vehicle owned by Cleansleeves.com dba Purple Tie Inc. and was en route to deliver the dry cleaning for Purple Tie, Huang claimed injuries as a result thereof and sued Dubon and Cleansleeves.com for negligence and vicarious liability.

Contentions

PLAINTIFF'S CONTENTION: Plaintiff contended that he was stopped at a red light when Defendant struck him for no reason.

DEFENDANT'S CONTENTIONS:
Defendant contended that Plaintiff stopped short for a yellow light, causing him to "clip" Plaintiff's car when he swerved to avoid striking Plaintiff. Although Defendant admitted negligence, he contended that Plaintiff contributed to the accident due to his short stop.

Damages

Huang sought recovery for general and compensatory damages.

Injuries

Huang went to the emergency room with complaint of neck and back pain. He underwent an MRI scan and was diagnosed with potential radiculopathy. His treating physician diagnosed him with "facet injuries" and recommended a diagnostic injection and potentially facet rhizotomies. He continued to suffer from daily neck pain. Defendants disputed the extent of Huang's injuries.

Result

The jury returned a defense verdict and found that Dubon's admitted negligence was not a substantial factor in causing Huang's harm.

Deliberation

1.5 hours

Poll

10-2

Length

six days


#82825

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