Case details

Defense claimed plaintiff’s unsafe turn caused collision





Result type

Not present

injury, rotator cuff, shoulder, tear
On May 6, 2015, plaintiff Vanessa Rosado, an unemployed woman in her 40s, was driving west on Second Street, in Hayward. As she attempted a left turn into her driveway, her minivan was broadsided on the passenger side by a compact vehicle operated by Anna Towers, who was traveling east on Second Street. The impact caused Rosado’s minivan to rotate, causing the driver’s side of her vehicle to strike a parked vehicle. Rosado claimed to her left shoulder. Rosado sued Towers and the co-owner of the compact vehicle, Roy Towers Jr. Rosado alleged that Ms. Towers was negligent in the operation of her vehicle and that Mr. Towers was vicariously liable for Ms. Towers’ actions. Mr. Towers was dismissed from the case. Rosado contended that the location where she made the left turn had a blind crest, such that she could not view an eastbound vehicle. She also contended that Ms. Towers was speeding. Plaintiff’s counsel argued that the collision could have been avoided if Ms. Towers had not been speeding, as Rosado would have been able to complete her turn. Counsel alternatively argued that if Towers was in view, Rosado would have been able to yield in time and avoid the crash. Defense counsel contended that Towers was traveling at a reasonable speed for the conditions and that any negligence on Towers’ part did not contribute to the cause of the collision. Counsel also argued that Rosado should have yielded, as she was attempting a left turn, and that, therefore, Rosado caused the accident., Rosado claimed her left, dominant shoulder and elbow struck the parked vehicle, causing her to sustain a rotator cuff tear to her left shoulder. She went to a hospital later that day and then underwent four months of physical therapy. Rosado eventually underwent arthroscopic surgery on her left shoulder, which was performed by her treating orthopedic surgeon. Rosado sought recovery of approximately $48,000 in past medical cost, of which $25,000 was for the surgery. She also sought recovery of damages for her pain and suffering. Defense counsel proffered that Rosado suffered problems with her neck, which caused radicular pain on her left side down from her neck to her left shoulder, left arm and left hand. Counsel also contended that Rosado had pre-existing degenerative issues with her left shoulder. Defense counsel contended that Rosado was initially responding well to conservative care and that Rosado should have continued with that treatment, instead of having the shoulder surgery. Counsel also argued that Rosado was not a candidate for shoulder surgery.
Superior Court of Alameda County, Hayward, CA

Recommended Experts


Get a FREE consultation for your case