Case details

Defense: Bicyclist failed to stop for stop sign, causing accident





Result type

Not present

back, neck, right wrist, soft-tissue pain
On April 10, 2012, plaintiff Ricardo Nunez, 55, a factory worker, was riding his bicycle south on Eastwood Avenue, in Santa Ana. After entering the intersection with 4th Street, Nunez’s left side was struck by a vehicle operated by Norma Zuniga, who was traveling west on 4th Street. Nunez was thrown several feet and sustained throughout his body, including his wrist. Nunez sued Zuniga, alleging that Zuniga was negligent in the operation of her vehicle. Nunez specifically alleged that Zuniga was traveling at an excessive rate of speed and failed to see him. Zuniga denied liability, and alleged that Nunez caused the accident when he failed to obey a stop sign and yield for her vehicle. The responding police officer testified in depositions that his investigation concluded that Nunez ran the stop sign and that this was the primary collision factor. Two non-party witnesses who were at the scene also provided deposition testimony, during which they related they were unsure if Nunez had yielded for the stop sign. However, both stated that Nunez rode his bike in front of the Zuniga vehicle., Nunez was taken by ambulance to Western Medical Center Santa Ana, where he was treated for abrasions and contusions to his head and right shoulder. Nunez was ultimately diagnosed with a fracture of his right, dominant wrist. He later complained of pain from soft-tissue to his neck and back. Two days after the accident, Nunez began chiropractic treatment for his and consulted with an orthopedist. Nunez claimed that as a result of the accident, he suffers a slight loss of grip strength and some loss of range of motion in his right wrist. He also claimed he suffers from intermittent wrist pain. As a result, Nunez was kept out of work for six months while initially treating his . Thus, Nunez sought recovery of $18,100 in past medical expenses and $8,200 in lost earnings.
Superior Court of Orange County, Orange, CA

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