Case details

Defense claimed minor sideswipe did not cause injuries

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
back, neck
FACTS
On Jan. 23, 2012, plaintiff Albita Laos was operating her vehicle on the Ventura Freeway, also known as State Route 134, in Glendale, with plaintiff Victor Solis, real estate agent in his 40s, as a front seat passenger. The two were traveling in the high-occupancy vehicle (HOV)/carpool lane when they were involved in a sideswipe accident with a vehicle operated by Nordinh Salanga, who was in the number one (fast) lane to the right of the HOV lane. Laos and Solis each claimed to their neck and back. Laos and Solis sued Salanga, alleging that Salanga was negligent in the operation of his vehicle. Laos ultimately settled her claims prior to trial. Thus, the matter continued to trial on Solis’ claims against Salanga only. Solis claimed that Salanga was driving in the number one lane next to the HOV lane when Salanga negligently cut into the HOV lane, sideswiping the vehicle driven by Laos. Salanga claimed that while he was in the number one lane and moved to the left of his lane to let a motorcycle pass by on the right, he did not sideswipe any vehicle. He alleged that he felt that his tires had gone over the reflectors between the number one lane and the carpool lane, and may have been slightly into the carpool lane, but that he came to a stop due to traffic in front of him after the motorcycle had passed. Thus, Salanga claimed that while he was at a stop, the vehicle containing Solis sideswiped his vehicle., Neither Laos nor Solis were taken to a hospital after the collision. Laos claimed soft-tissue to her neck and back. However, she ultimately settled out of the case, so her alleged and damages were not before the court. Solis claimed he suffered elbow pain after striking his elbow inside the vehicle. He also claimed he suffered soft-tissue to his neck and back. Solis subsequently underwent chiropractic care from Jan. 24, 2012 to Oct. 20, 2012. He also treated with an orthopedic surgeon from April 24, 2012 to June 19, 2012, and again on Oct. 24, 2012. He then underwent three MRIs of his elbow, and lumbar and cervical spine, and later underwent another MRI of the lumbar levels. Solis then returned to his treating orthopedic surgeon from Aug. 5, 2014 to February 2015. Solis claimed that despite treatment, he still suffered from lower back pain. He alleged that although he was able to continue working in real estate, he could not have sex with his common law partner, who ultimately left him because of that. Solis claimed that as a result of his lumbar pin, he will need epidural injections of a steroid-based painkiller. Thus, Solis sought recovery of $19,846 in total past medical costs, including $5,750 for his chiropractic treatment, $2,647.50 for his initial visits to his orthopedic surgeon in 2012, $7,200 for the initial three MRIs of his elbow and spine, $1,750 for the additional MRI of the lumbar levels, and $2,499 for the additional visits to his orthopedic surgeon in 2014 and 2015. He also sought recovery of $30,000 in future medical costs for the epidural injections. In addition, Solis sought recovery of damages for his past and future pain and suffering. Defense counsel denied that Solis sustained any in the accident and argued that the sideswipe accident was too minor to cause any injury. As a result, counsel asked the jury to render a defense verdict.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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