Case details

Defense claimed injuries related to pregnancy, not crash





Result type

Not present

neurological, radiculopathy, sensory, speech, vertigo
On March 27, 2008, plaintiff Jacqueline Negrete, 29, an interior designer, was driving behind Kara Tanaka on southbound Hildago Avenue near the intersection at Lindaraxa Park in Alhambra. When Negrete saw Tanaka slowing at the intersection, she tried to pass her on the right. However, Tanaka then attempted to make a right turn and collided into the side of Negrete’s passing vehicle. Negrete sued Kara Tanaka and the owner of the vehicle,Hideyuki Tanaka. She alleged that Kara Tanaka was negligent in the operation of her vehicle and that Hideyuki Tanaka was vicariously liable for her actions. Negrete claimed that Kara Tanaka was partially into the intersection and staring to turn left with her left signal activated, when she entered the intersection. She also claimed that Tanaka then unsafely changed directions and turned right into her passing vehicle. Thus, Negrete claimed that Tanaka failed to signal her intention to turn right prior to reaching the intersection. Tanaka claimed that she was searching for a new park for her daughter and had seen on her car’s navigation system that there was a city park located at the intersection. She claimed that as a result, she approached the intersection slowly because she did not know if the park would be on her right or left, and that when she reached the intersection, she decided she needed to turn right. Thus, Tanaka claimed that she did not signal because she did not know in which direction she wanted to turn until she reached the intersection., Negrete claimed cervical pain and degeneration with radiculopathy, a tension headache, vertigo and unspecified pain with pressure to her right knee cap. After the accident, she was treated by a chiropractor. She also went to hospital emergency rooms with complaints of dizziness, a headache and neck pain on three different occasions. On the third visit, it was discovered that Negrete was pregnant. Negrete claimed that her condition as a result of the accident prevented her from returning to work. Defense counsel argued that Negrete was uninjured in the crash and that the emergency room complaints were all pregnancy-related. Counsel further argued that Negrete was off work for two months and was then terminated by her employer for not returning.
Superior Court of Los Angeles County, CA

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