Sideswipe accident leads to $200,000 award for shoulder injury

A St. Louis area man injured in a car accident won a $200,000 jury award.

The defendant, Daniel Jinson, went to change lanes and drove into the driver’s side door of plaintiff Juan Contreras — “just a sideswipe kind of thing,” said Brent Labovitz of Kolker & Labovitz.

The crash allegedly left Contreras with a left rotator cuff tear. Labovitz said the defense focused on a significant gap in treatment from mid-2013 until early 2017, when he had surgery for the issue, and argued that the shoulder problems were unrelated to the incident.

The defense also contended that it was not a severe impact and property damage to the vehicles was low.

However, Labovitz said that Contreras indicated he had shoulder pain at the scene and imaging done at the time confirmed the injury. There were also no records to indicate prior treatment or issues with the shoulder.

“There was no doubt from the treating doctor,” he said.

The defense also contended that Contreras’ job as a concrete worker could have caused his difficulties. But Labovitz said his client’s vocation wasn’t that strenuous.

“They kept assuming that concrete worker means that you are out there breaking rocks and doing heavy lifting,” he said. “Our guy’s job was as a concrete finisher. He rides around on almost like a Zamboni-type thing.”

He said that the defendant also disputed liability in the case and argued that Contreras had been the one changing lanes. But Labovitz said Jinson’s statements in the police report did not show that his client was at fault.

He said the police officer who made the report testified live at trial.

Katherine Watkins of Zimmer & Associates was listed as representing the defendant. She did not return a request for comment.

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