Yaffee

Yaffee v. Skeen

Good Law
Court of Appeal of CaliforniaNovember 26, 2024C097746California13,460 words

Opinion

Opinion

FACTS AND HISTORY OF THE PROCEEDINGS

The Accident and Preliminary Medical Treatment

On June 16, 2015, plaintiff was sitting in his stopped car when Skeen, driving a truck while employed by KLS, drove into the back of plaintiff’s car. Skeen and plaintiff exchanged information, plaintiff’s car was towed away and a friend took him home. At the time, plaintiff felt a burning sensation in his back and neck. That night, plaintiff’s burning sensation became worse. The next morning he also felt tingling in his right leg. He went to his job at the Franchise Tax Board (FTB), but throughout the day, plaintiff became increasingly sore, and he made a same-day appointment to see his primary care physician, Dr. Benjamin Leavy at the UC Davis Medical Center (UC Davis). Dr. Leavy gave plaintiff naproxen and a muscle relaxer. The parties do not dispute that the health maintenance organization (HMO) that insured plaintiff had a contract with UC Davis regarding payment for services. About a week later, plaintiff consulted Chip Studley, a chiropractor, in a first of approximately six or seven visits they would have before July 10, 2015. Studley advised

2 plaintiff to consult his primary care…

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