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
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
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