Case details

Broadside crash caused spine and shoulder injuries: plaintiffs

SUMMARY

$400000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
back, bruise, bulging disc, cervical disc displacement, cervical disc injury, chest, derangement, fusion, head, headaches, lower back, lumbar, neck, neurological, radiculopathy, right shoulder, shoulder, spondylolisthesis, stenosis, thoracic
FACTS
On Feb. 23, 2010, plaintiff Benito Lizarraga, 64, a retiree, was driving north on North Euclid Avenue in Ontario, accompanied by his wife, plaintiff Maria Lizarraga, 61, a retiree, in the front passenger seat. At approximately 8:22 p.m., while crossing the intersection East 4th Street, the Lizarragas were broadsided by a vehicle operated by Curtis Peterson, who was making a left turn from southbound North Euclid Avenue onto East 4th Street. Mr. Lizarraga claimed to his neck, upper back, and right shoulder. Mrs. Lizarraga claimed to her chest, neck, lower back, and right shoulder. Mr. and Mrs. Lizarragas sued Peterson, alleging the defendant was negligent in the operation of his vehicle. Specifically, the Lizarragas claimed that Peterson ran a red light at the subject intersection. Peterson contended that he entered the intersection on a green light and that the light changed to yellow after he executed his turn. Thus, he contended the Lizarragas did not have the right of way at the intersection. Defense counsel noted that the police report placed Mr. Lizarraga at fault for the accident, indicating that he failed to yield to Peterson, who was already in the intersection., Mr. and Mrs. Lizarraga were both taken by ambulance to an emergency room. Mr. Lizarraga claimed he sustained a torn rotator cuff and internal derangement of the right shoulder. He claimed he also sustained a cervical disc displacement, C6 radiculopathy, cervical strains and sprains, discopathy, and varying degrees of foraminal stenosis. Mr. Lizarraga subsequently received a series of three epidural steroid injections to his cervical spine in August 2010. He also underwent surgery on his right shoulder to repair the torn rotator cuff on Oct. 12, 2011. He then treated with physical therapy from Dec. 5, 2011, through Jan. 10, 2012. Mrs. Lizarraga claimed she sustained a thoracic disc bulge at T11-12, an acute chest contusion, L5 radiculopathy, lumbar disc displacement, right shoulder strains and sprains, lumbosacral strains and sprains with spondylolisthesis at L4-5, and cervical strains and sprains. She treated with physical therapy, orthopedic evaluations, and three series of lumbar epidural steroid injections in August 2010 and September 2010. On July 5, 2013, Mrs. Lizarraga underwent an anterior lumbar interbody fusion. The Lizarragas claimed that they both continue to have intermittent pain in the areas affected and that they might need additional chiropractic care if they experience flare-ups. Thus, Mr. Lizarraga sought recovery of $195,186.06 in past medical costs and $100,000 in future medical costs. Mrs. Lizarraga sought recovery of $368,313.28 in past medical costs and $100,000 in future medical costs. In addition, Mr. and Mrs. Lizarraga sought recovery of damages for their respective past and future pain and suffering. Defense counsel contended that the accident could not have caused the alleged. Counsel further contested the nature and extent of the Lizarragas’ treatment.
COURT
Superior Court of San Bernardino County, Rancho Cucamonga, CA

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