Arashiro v. Schultz CA3
In 2016, defendant Debra Suzanne Schultz looked away from the road when driving, and plaintiff Erica Arashiro was injured in the resulting traffic accident. After receiving treatment from a medical doctor specializing in pain management, plaintiff chose to end that treatment, and did not seek any other treatment for about one year, when she began seeing a chiropractor. Defendant’s expert witness testified the pain treatment plaintiff received soon after the traffic accident was not necessary, as physical therapy “works 95 percent of the time” for the “whiplash” that plaintiff suffered. The expert also testified there was “no anatomic basis” for the pain plaintiff said she felt at the 2018 trial.
A jury awarded total damages of $34,257, though plaintiff’s past medical expenses alone were nearly $60,000.
On appeal, plaintiff argues the trial court erred by (1) admitting defense expert testimony regarding the reasonableness and necessity of treatment she received;
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