Case details

Defense claimed plaintiff’s eye condition caused accident

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
bruise, chest, head, neurological, radiculopathy, temporomandibular, TMJ
FACTS
On Sept. 8, 2009, at approximately 4:50 p.m., plaintiff Rosalinda Vejar-Valdez, 42, a disabled homemaker, was driving south on I Street in Reedley when she entered an intersection with Dinuba Avenue and was involved in a collision with a freightliner truck operated by Jesse Ramirez Hernandez Jr., who was attempting a left turn onto Dinuba Avenue from northbound I Street. Vejar-Valdez claimed to her lower back, neck, chest, jaw, right knee, and both wrists. Vejar-Valdez sued Hernandez and the owner of the truck, Wilmer Huebert, who was doing business as Huebert Trucking, Hernandez’s employer. Vejar-Valdez alleged Hernandez was negligent in the operation of the truck and that Huebert was vicariously liable for his employee’s actions. Vejar-Valdez contended that she had the right of way at the intersection, which was controlled by stop signs for northbound and southbound traffic only. She claimed that since she was traveling straight on southbound I Street and had already entered the intersection, Hernandez should have yielded to her vehicle before turn from northbound I street. Thus, Vejar-Valdez claimed that Hernandez ran the stop sign while attempting his left turn, violating her right of way and causing her to broadside the front passenger wheel well of Hernandez’s truck. Hernandez claimed that he had the right of way, since he reached the intersection first and made a complete stop before attempting his left turn. He alleged that while he was already turning into the intersection, Vejar-Valdez entered the intersection and struck his truck. In addition, defense counsel presented two eyewitnesses who corroborated with Hernandez’s description of the accident, testifying that Hernandez had control of the intersection. Defense counsel contended that Vejar-Valdez suffered from an eye condition called esotropia, which affects her depth perception and causes double vision, and counsel called the plaintiff’s treating ophthalmologist to testify as to the extent of her condition. Thus, defense counsel argued that the impairment played a part in Vejar-Valdez’s inability to determine whether Hernandez was already in the intersection., On the date of loss, Vejar-Valdez drove herself to a hospital, where she presented with chest pain and other symptoms related to an air bag injury, including abrasions and contusions to her chin/jaw, neck and back, right knee and both wrists. Vejar-Valdez ultimately treated for a temporomandibular joint disorder in her jaw, as well as radiculopathy in her lower back at L5-S1. She subsequently underwent physical therapy for one month, as well as received one epidural injection at the L5-S1 level. Vejar-Valdez claimed she still experiences residual pain and discomfort at L5-S1, for which she will require surgery. Thus, she sought recovery of $34,409 for her past medical costs, $60,000 to $100,000 for her future medical costs, and an unspecified amount of damages for her past and future pain and suffering. Defense counsel disputed the nature and extent of Vejar-Valdez’s . Counsel argued that Vejar-Valdez was not a surgical candidate for her alleged lower back injury, and that any she sustained from the accident were soft-tissue strains and sprains, at best.
COURT
Superior Court of Fresno County, Fresno, CA

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