Case details
Car crash’s parties both alleged right of way at four-way stop
SUMMARY
$10750
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
back, neck
FACTS
On Dec. 12, 2012, at approximately 5:30 p.m., plaintiff Rikki Sax, 66, a retiree, was driving on northbound Bagley Avenue in Beverlywood when she entered the intersection with Monte Mar Drive and was broadsided by a vehicle operated by Marianne Richter, who was traveling west on Monte Mar Drive. Sax claimed to her neck and back. Sax sued Mrs. Richter and her husband, Robert Richter, the owner of the vehicle. Sax alleged that Mrs. Richter was negligent in her operation of her vehicle and that Mr. Richter was vicariously liable for his wife’s actions. Specifically, Sax contended that Mrs. Richter ran a stop sign at the subject intersection, which had a four-way stop, causing the broadside collision. Mrs. Richter claimed that it was Sax who ran a stop sign at the subject intersection, causing the collision. She also claimed that Sax did not have her headlights on at the time of the accident. Mrs. Richter’s claims were all corroborated by a passenger in her vehicle at the time of the accident., Six days after the accident, Sax presented to a chiropractor with complaints of neck and back pain. She was diagnosed with soft-tissue strains and sprains of her cervical and lumbar spine, and treated for five months. Sax claimed she is now mostly healed from her with no current need for any ongoing or future care. Thus, she sought recovery of $3,250 in past medical costs (post-Howell). She also sought recovery of damages for her pain and suffering. Defense counsel disputed the severity of Sax’s and the necessity of her treatment. Counsel asserted that Sax was not seriously injured from the accident and that Sax’s complaints were due to a pre-existing, degenerative neck and back condition.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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