Case details

Defendant claimed he had solid green light while in intersection

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
back, bulging disc, neck
FACTS
On Dec. 17, 2011, at 6:57 p.m., plaintiff Sarah Keith, 21, an assistant horse trainer, was operating a 1994 Honda Accord with her boyfriend, plaintiff Scott Quaresimin, 19, who was in the Army, as a front right seat passenger, and plaintiff Frank Romano, 20, a student, as a right, back seat passenger. As Keith was making a left-hand turn from the westbound turn pocket at the intersection of Yucaipa Boulevard and 10th Street in Yucaipa, she collided with a state-issued 2000 Ford Excursion operated by David Hennings. As a result, Keith and Romano claimed to their back, while Quaresimin claimed an injury to his right leg. Keith, Quaresimin and Romano sued Hennings and the state. The plaintiffs claimed that Hennings was negligent in the operation of his vehicle and that the state, as Hennings’ employer, was vicariously liable for his actions. The plaintiffs claimed that they had a green arrow when they pulled out into the intersection and were struck by Hennings’ vehicle. Hennings claimed that he was driving east on Yucaipa Boulevard and had a solid green light at the intersection at the time of the accident. Defense counsel noted that the San Bernardino Sheriff’s Department responded to the accident and found that Keith had made an improper left-hand turn. The defense’s accident reconstruction expert opined that Hennings was in the intersection when Keith began her turn. The expert also opined that due to the synchronization of the lights, if Keith’s light turned to a green arrow, then the light for Hennings would not have turned from green to red in the moments before the collision. In addition, the one independent witness on the scene testified that the light facing Hennings was solid green at the time of the collision., Keith and Quaresimin were taken from the scene by ambulance and brought to a hospital, while Romano went with a friend to a hospital later that day. Keith claimed bulging discs in her back as a result of the accident. Two weeks after the accident, she checked into Redlands Community Hospital with a kidney infection, and was subsequently admitted to the intensive care unit for six days and then released in early January 2012. She claimed the infection was due to swelling from the accident. Starting in February 2012, two months after the accident, Keith underwent three months of chiropractic treatment to treat her disc bulges. Keith claimed that she used to enjoy participating in horse competitions and training horses, but that she has been unable to go back to training horses since the accident. She also claimed that she tried to ride once after the accident, but has not been able to do it since then. Quaresimin claimed pain to his right leg following the accident. As a result, he was given medication for the pain and never returned to the hospital, nor did he seek further treatment. In addition, Quaresimin completed the Army’s basic training and was deployed to Afghanistan after the accident. Like Keith, Romano also claimed bulging discs in his back from the accident, and also underwent three months of chiropractic treatment two months after the crash, starting in February 2012. He alleged that he was bedridden for a period of time as a result of his . Thus, he claimed he missed time from class because he was bedridden and because he had to attend the chiropractic treatments. The plaintiffs’ treating chiropractor testified that Keith and Romano had soft-tissue and that he could not rule out disc . He also testified that after treating Keith and Romano for three months, he determined that there was nothing further he could do to alleviate their pain. Thus, the plaintiffs, collectively, sought recovery of $300,000 in damages. Defense counsel contended that, at most, Keith and Romano suffered soft-tissue to their backs. Counsel also contended that Keith’s kidney infection was a urinary tract infection that she must have contracted during a camping trip she went on less than two weeks after the accident. Defense counsel noted that, when asked about the camping trip, Keith admitted that she went on a three-day trip to the Lucerne Valley, but claimed that she stayed in bed the whole time. However, counsel contended that Quaresimin admitted that he was operating all-terrain vehicles during the camping trip.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case