Case details
Defense disputed seriousness of plaintiff’s alleged injuries
SUMMARY
$6371.14
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
back, bulging disc, cervical, herniated disc, lower back, neck
FACTS
On June 19, 2010, plaintiff Maribel Lopez-Trujillo, an unemployed 43 year old, was driving her Honda Civic on the 16th Street off-ramp of southbound State Route 99 when her vehicle was rear-ended by a tractor-trailer operated by Jesus Cacho. Lopez-Trujillo claimed to her neck and lower back. Lopez-Trujillo sued Cacho and Cacho’s employer, Foster Poultry Farms. Lopez-Trujillo alleged that Cacho was negligent in the operation of the tractor-trailer and that Foster Poultry was vicariously liable for Cacho’s actions. Lopez-Trujillo and Foster Poultry admitted liability for the accident., Two days after the accident, Lopez-Trujillo presented to an emergency room. She claimed soft-tissue to her neck and lower back, including cervical herniations and/or bulges. She subsequently treated with an orthopedist, her family medical specialist, a chiropractor and an acupuncturist. Lopez-Trujillo claimed that despite treatment, she suffers residual neck and back pain, resulting in limitations. Defense counsel disputed the cause and extent of Lopez-Trujillo’s alleged damages. Counsel argued that Lopez-Trujillo suffered no more than soft-tissue , which would have healed within a few months’ time with conservative treatment. Thus, defense counsel questioned the reasonableness of Lopez-Trujillo’s treatment and argued that her alleged disc herniations/bulges were not caused by the accident.
COURT
Superior Court of Merced County, Merced, CA
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- brain
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