Case details

Defendant denied causing collision at intersection





Result type

Not present

anxiety, depression, head, headaches, mental, psychological
On Dec. 7, 2008, plaintiff Wuilibaldo Ayala was driving on westbound Bancroft Avenue in Oakland with his daughter, plaintiff Yajaira Perez, as a passenger. As they were crossing the intersection with 73rd Avenue on a green light, they were in a collision with a vehicle operated by Benigno Floreano, who was attempting to make a left turn from a turning lane on eastbound Bancroft Avenue onto 73rd Avenue. Ayala and Yajaira, a minor represented by her guardian ad litem Lourdes Perez, sued Floreano. They alleged that Floreano was negligent in the operation of his vehicle. Specifically, Ayala and Yajaira claimed that Floreano had a red arrow as he approached the intersection. Thus, they claimed that Floreano failed to stop before making a left turn on a red light in front of their vehicle and caused the collision by failing to yield the right of way. Floreano disputed the plaintiffs’ claims and alleged that he a green arrow and that Ayala had failed to yield to a red light., Ayala and Yajaira claimed that they each suffered soft-tissue to their back and neck. They also claimed that they suffer ongoing headaches since the accident. In addition, Yajaira claimed that she suffers from ongoing anxiety and depression as a result of the accident. Thus, Ayala claimed medical specials of approximately $4,500 and lost wages of $3,467. Yajaira claimed that her medical specials were approximately $6,700.
Superior Court of Alameda County, Oakland, CA

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