Case details

Car crash’s parties both claimed right of way





Result type

Not present

abrasions, back, hip, neck, sprains, strains
On Sept. 22, 2012, at approximately 9:30 a.m., plaintiff Renee McKay, an unemployed 61 year old, was driving on the State Route 94 off-ramp in Lemon Grove when she attempted to cross the intersection with College Avenue and was broadsided by a vehicle operated Daniel Quiroz, who was traveling straight on College Avenue. Both vehicles were totaled and McKay’s air bag deployed on impact. She claimed to her neck, back, left hip, and both knees. McKay sued Quiroz, alleging the defendant was negligent in the operation of his vehicle. McKay contended that Quiroz ran a red light at the subject intersection and T-boned the front driver side of her vehicle. Quiroz disputed liability, arguing that he proceeded through the intersection on a green light and that it was McKay who ran the red light at the subject intersection. He also claimed he did not have enough time or space to avoid the broadside collision., Following the accident, McKay was taken by her son to an emergency room, where she presented with complaints of neck, lower back, and left hip pain, as well as bruises to both knees. McKay subsequently treated with a chiropractor for soft-tissue strains and sprains. McKay contended that while her neck, back and hip resolved after two months of treatment, she still has issues with her left knee since she had pre-existing arthritis in that knee that was worsened in the accident. She claimed that due to her current knee condition, she has difficulty ambulating and can no longer go up and down stairs. McKay claimed that as a result, she will eventually require a total knee replacement. Thus, McKay sought recovery of $6,150 in past medical costs, $80,000 in future medical costs for the knee replacement surgery, and $46,000 in damages for her pain and suffering. Defense counsel disputed causation for McKay’s left knee injury, arguing that McKay’s pre-existing arthritic condition was made no worse by the accident. Counsel contended that McKay’s left knee was “bone-on-bone” before the crash and that McKay’s alleged need for a total knee replacement was completely unrelated to the subject accident.
Superior Court of San Diego County, San Diego, CA

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