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Johnson v. Safai CA4/3
Defendant and respondent Shayan Safai rear-ended plaintiff and appellant Malcolm Johnson on the freeway and pushed his vehicle into the vehicle in front of him. Johnson filed this lawsuit, claiming he suffered injuries in the collision, including a herniated disc in his lower back that required fusion surgery. Safai conceded her negligence caused the collision, but disputed Johnson’s claim he suffered a herniated disc and other injuries.
At trial, Safai called a biomechanical engineering expert who testified the relevant scientific data and crash tests established that the accident did not generate sufficient compressive forces to herniate a person’s lower back disc. The expert explained that the seatbelt and airbags in Johnson’s vehicle prevented the significant amount of forward flexion or bending required to herniate a disc. Johnson did not call a biomechanical expert.

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