(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident/personal injury case and its proceedings.)
MIRANDA TOWING AND JACK BROWN’S TRIAL BRIEF
STATEMENT OF THE CASE
This lawsuit arises from a vehicular accident which occurred on September 21, 2004, at approximately 9:30 a.m. on the eastbound side of the 5 freeway in the city of Sacramento. The accident occurred when a Ford Ranger driven by defendant Tony Lee sideswiped a Porsche driven by plaintiff Milton White. Mr. Lee claims that he was cut off by a tow truck driven by Jack Brown which caused him to sideswipe plaintiff’s Porsche, although the tow truck did not strike either vehicle. Plaintiff has sued Mr. Lee and his employer(s): Paul Black and Universal Market Service, Inc., Mr. Brown and his employer, Miranda Towing, as defendants.
Mr. Brown is not responsible for causing the accident. The evidence shows that the subject accident was solely caused by Mr. Lee. Just prior to the collision, Mr. Brown activated his turn signal and safely moved his vehicle from the number five lane into the number four lane. Mr. Brown looked in his rear-view mirror and saw Mr. Lee’s Ford prior to making his lane change and there was plenty of room for him to move safely.
After Mr. Brown merged into the number four lane, he watched Mr. Lee’s vehicle in his rear-view mirror. Mr. Lee continued to approach the rear of Mr. Brown’s vehicle at a high rate of speed. As Mr. Lee reached the rear of Mr. Brown’s vehicle, Mr. Lee applied his brakes suddenly and swerved into the number three lane, striking plaintiff’s vehicle.
Regardless of which party is responsible for causing the accident, plaintiff’s claimed damages are unsubstantiated, excessive and unreasonable in light of the evidence. Plaintiff contends the accident caused him to have to undergo lumbar decompression surgery (laminectomy) in November 2004. However, the evidence reflects that the subject accident was a very low impact collision. Further, plaintiff has a long medical history of complaints regarding his lower back, neck, and left leg-the same complaints he attributes to the subject accident. These complaints date back to at least 1991, when plaintiff received chiropractic treatment following another automobile accident.
Plaintiff later received extensive medical treatment for back, neck, and leg pain following automobile and biking accidents in 1995, 2002, and 2003. MRI films of plaintiff’s lumbar spine from 2003 are virtually identical to films taken after the subject accident in 2004. The MRI films taken after the accident do not reflect any evidence of trauma, injury, or accident. (See Part 2 of 5.)
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