Case details

Broadside crash caused back and ankle injuries, plaintiff alleged

SUMMARY

$25000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
ankle, back, knee, sternum
FACTS
On Aug. 17, 2011, plaintiff Rosa Rivera, 38, a preschool teacher, was driving her 2002 GMC Envoy on eastbound Charnock Avenue, in Santa Monica. As she proceeded into the intersection with Ocean View Avenue, she was struck by a 2009 Volkswagen Eos driven by Gareth Slavin, resulting in a significant impact. Rivera claimed of her ankle, back, knee and sternum. Rivera sued Slavin and the owner of the Volkswagen, Heather Miles. Rivera alleged that Slavin was negligent in the operation of the Volkswagen and that Miles was vicariously liable for Slavin’s actions. Rivera claimed that there was no stop sign on Charnock Avenue, at the intersection with Ocean View Avenue. Thus, she claimed Slavin failed to yield the right of way. Slavin claimed he stopped at the stop sign and did not see Rivera approaching as he entered the intersection. Thus, he did not dispute liability., Rivera was taken by ambulance to a Kaiser Permanente emergency room, where she was treated for contusions to her sternum, sprains and strains to her back, and a sprained ankle. She then followed up with an orthopedic surgeon at Spine Care & Orthopedic Physicians, in Los Angeles, for an orthopedic evaluation and was given an air cast, a splint, and crutches to treat the sprained ankle. Rivera also sought treatment from a chiropractor in Los Angeles to address her back condition. Rivera sought recovery of $50,000 to cover her medical bills and for her pain and suffering. She also missed nine days of work, but did not make a claim for lost income.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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