Case details

Defense argued plaintiffs’ injuries not related to accident





Result type

Not present

herniated disc, knee, medial meniscus, neck, tear
On Jan. 6, 2010, plaintiff Sonia Urrutia, a housecleaning business owner in her 40s, was driving north on Sultana Street in Ontario with her daughter, plaintiff Valerie Urrutia, 18, a high school student, as a front seat passenger. As they entered an intersection with Plaza Serena, their vehicle was struck on the side by the front of a vehicle operated by Michael Ferrer, who was on eastbound Plaza Serena. Urrutia and Valerie both claimed to their neck and back. Urrutia and her daughter, Valerie, sued Ferrer, alleging motor vehicle negligence. Specifically, they claimed that Ferrer had a stop sign and that they did not. Thus, they claimed that Ferrer caused the collision by failing to stop for the stop sign. Ferrer stipulated to liability, but claimed that he did stop for the stop sign. He claimed there was break in traffic and he had maneuvered into the northbound lane when the collision occurred., Urrutia and her daughter, Valerie, claimed that the accident involved a very hard impact that rotated their vehicle about 45 degrees. However, neither Urrutia nor Valerie were treated at the scene or taken to a hospital. Instead, on Jan. 11, 2010, they both presented to a physician for the first time. Urrutia claimed a cervical disc herniation at C6-7, amongst other bulges in her lumbar and cervical spine, as well as a meniscal tear in her left knee. She subsequently underwent one series of epidural injections for her neck and back, and two separate injection treatments for her left knee. She also underwent with chiropractic care. In addition, Urrutia underwent a left knee surgery on Sept. 17, 2010, which included a medial meniscectomy, followed by eight sessions of physical therapy. Thus, she claimed that she had over $128,000 in past medical costs. Urrutia claimed that her did not stop her from working, but that she did take some time off immediately after the accident. However, despite being able to work, she claimed that she still had pain in her neck and left knee. Valerie sustained soft-tissue to her neck and back. However, she claimed that she ultimately recovered from her about two months after the accident. However, Valerie claimed she had $2,450 in past medical costs. Defense counsel argued that, from Ferrer’s perspective, the collision involved a low-to-moderate force of impact, at most. Thus, counsel denied that Urrutia’s were causally related to the subject accident and argued that they she had pre-existing degenerative issues.
Superior Court of San Bernardino County, Rancho Cucamonga, CA

Recommended Experts


Get a FREE consultation for your case