Case details

Defense claimed passing motorcyclist caused collision





Result type

Not present

lumbar spine, neck
At around 2:30 p.m. on Sept. 28, 2013, plaintiff Danny Rodriguez, 44, a 7-11 employee, was operating his 2010 Yamaha R6 motorcycle on eastbound Garnet Avenue, in San Diego, when he was struck on the right side by a 1996 Honda Accord operated by Erasmo Perez, who was executing a turn into the left-hand-turn pocket. Rodriguez sustained to his neck and lumbar spine. Rodriguez sued Perez, alleging that Perez was negligent in the operation of his vehicle. Rodriguez contended that Perez made the left hand turn into the left turn pocket without signaling or keeping a proper lookout. Perez contended that eastbound Garnet Avenue is a one-lane road and that when he began to turn into the left-turn-pocket lane, Rodriguez attempted to pass him on the left and struck his vehicle’s driver side front corner., Rodriguez sustained a cervical disc herniation at the C6-7 level. He did not Rodriguez did not present to a hospital, but ultimately underwent treatment with a chiropractor, an acupuncturist, and an orthopedic surgeon. The plaintiff’s treating orthopedic surgeon recommended that Rodriguez have an anterior cervical discectomy and fusion. Thus, plaintiff’s counsel asked the jury to award Rodriguez $700,000, including $17,915.41 in medical costs. Defense counsel contended that Rodriguez sustained his alleged because of his own conduct and that Rodriguez’s claim for damages was overstated. Defense counsel also noted that Rodriguez had no limitations and did not miss any work.
Superior Court of San Diego County, San Diego, CA

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