Case details

Defendant drivers blamed each other for multiple vehicle crash

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
anxiety, back, head, headaches, mental, neck, psychological
FACTS
On April 3, 2010, at around 4 p.m., plaintiff Luz Tapia, a pregnant woman in her 40s, was operating a minivan with passengers consisting of her sister-in-laws, Bertha Zarate, 40s, and Irma Guadarrama, 40s. Ms. Zarate and Guadarrama’s children, Mario Zarate, Arnulfo Zarate, Hector Zarate and Angelita Zarate, were also passengers in the vehicle. As they were traveling on the westbound San Bernardino Freeway (also known as Interstate 10), in Ontario, their minivan was struck on the passenger’s side by a vehicle operated by Melissa Clarke. Prior to the collision with the minivan, Clarke was traveling in the left (number one) lane of Vineyard Avenue, which is the on-ramp to I-10 west. As the number one and two lanes merged, a vehicle operated by Erik Svensson, who was traveling in the right (number two) lane on Vineyard Avenue, moved to the left and made contact with Clarke’s vehicle. The impact subsequently caused Clarke’s vehicle to cross onto I-10 west and into the minivan operated by Tapia. As a result, Tapia and the other occupants of her vehicle all claimed neck and back . Luz Tapia, Irma Guadarrama, Bertha Zarate, Mario Zarate, Arnulfo Zarate, Hector Zarate and Angelita Zarate sued Erik Svensson; Melissa Clarke; the owner of Erik Svensson’s vehicle, Frank Svensson; and the owners of Melissa Clarke’s vehicle, William Clarke and Carlota Clarke. The plaintiffs alleged that Erik Svensson and Melissa Clarke were negligent in the operation of their respective vehicles. They also alleged that Frank Svensson was vicariously liable for Erik Svensson’s actions and that William Clarke and Carlota Clarke were vicariously liable for Melissa Clarke’s actions. Plaintiffs’ counsel contended that Melissa Clarke was traveling in the high-occupancy-vehicle lane, even though she was the sole occupant of her vehicle. Counsel also contended that Melissa Clarke was negligent for failing to keep a proper lookout and failing to travel at a safe speed. Erik Svensson claimed that he had the right of way prior to the collision with Melissa Clarke. However, the Svenssons ultimately settled out of the case prior to trial. Melissa Clarke claimed that she maintained a safe speed and that the accident occurred once the two lanes merged, at which point there was no HOV lane. Thus, she claimed the cause of the accident was Erik Svensson’s attempt to improperly overtake her vehicle., Tapia was taken by ambulance to an emergency room. The other occupants of Tapia’s vehicle presented for medical care on their own. Tapia was pregnant and miscarried, but did not claim this was part of the accident. All of the plaintiffs claimed soft-tissue to their necks and backs, causing pain to their upper and lower extremities. They also claimed contusions, headaches, anxiety and nightmares. Guadarrama claimed that her neck and back pain continues, causing her to suffer a decreased range of motion. The other plaintiffs acknowledged that their had ultimately resolved. Defense counsel disputed the medical costs alleged by the plaintiffs, claiming the charges were inflated and/or for treatment not rendered. Counsel contended that some of the treatment alleged was not proper to administer to the minor children.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

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