Defense verdict in San Diego County Superior Court

On Tuesday, June 5, 2018, the Nicolson Law Group obtained a full defense verdict for its client inVizcarra v. Whalen. Plaintiff Vizcarra, sued for just under $1 million from a rear-end accident where he alleged an aggravation of long term back injuries as a result of a motor vehicle accident that he alleged would necessitate a lifetime of future back injections, radiofrequency ablations and a possible future back surgery.


Mr. Vizcarra was rear-ended by Ms. Whalen who alleged she was cut-off by the Plaintiff prior to the accident. The accident occurred on the I-5 freeway between the Manchester and Birmingham exits, near Encinitas, California. The vehicles were respectively traveling at 11.2 m.p.h. and 23.6 m.p.h. at the time of the accident.


At trial, Ms. Whalen was represented by Daniel Cho and Brian Skalsky of the Nicolson Law Group. Immediately prior to jury selection, Plaintiff elected to pursue a general damages claim and only sought recovery for his past and future pain, suffering, anxiety and emotional distress as a result of the accident. This prevent the jury from hearing about the low dollar amount of Plaintiff’s past medical specials.


The defense at trial argued that this low speed collision, with a Delta V of 7 m.p.h., did not cause and did not aggravate Plaintiff’s long standing back pain. Mr. Cho, during cross-examination of Plaintiff’s doctor, was able to obtain a critical admission that radiology of Plaintiff’s back showed no changes after the accident when compared to images before the accident. Mr. Skalsky, during cross-examination of the Plaintiff, was able to demonstrate Plaintiff had a history of chronic back problems before the accident and had been able to continue his normal life activities after the accident.


After a 4 day jury trial, and 2 hours of deliberations, the jury returned a unanimous defense verdict in the San Diego County Superior Court.