Case details

Defense: Low speed accident could not have caused injury





Result type

Not present

back, lumbosacral disc bulge, neck, pain
In October 2012, plaintiff Blanca Rosales, 43, a house cleaner, was driving on 41st Avenue, in Capitola, when her vehicle was rear-ended by a vehicle operated by Jorge Rodriguez. Rosales claimed to her neck and back. Rosales sued Rodriguez, alleging that Rodriguez was negligent in the operation of his vehicle. Rodriguez conceded liability for the accident., Rosales claimed she became dizzy and nauseous four or five hours after the accident, and subsequently threw up 11 times. As a result, she presented to an emergency room and underwent an MRI, which revealed mild spondylosis with a lumbosacral disc bulge at the L5-S1 level. Rosales then underwent eight months of treatment with a chiropractor. Rosales claimed that she continues to suffer pain to her neck and back, as well as weakness in her arms and hands. She also claimed that the pain has prevented her from working since the accident. Thus, Rosales sought recovery of over $70,000 in lost wages, an unspecified amount of medical costs, and an unspecified amount of damages for her past and future pain and suffering. Defense counsel contended that the impact occurred at a low speed. Specifically, Rodriguez and Rodriguez’s daughter, who was in Rodriguez’s vehicle at the time of the accident, both testified that the impact occurred at a low speed. Counsel also presented photographs of both vehicles, which showed almost no damage after the accident. Accordingly, defense counsel argued that the low-velocity accident could not have caused Rosales’ alleged injury. Defense counsel also noted that there was no emergency response for Rosales at the scene and that Rosales did not present to an emergency room until hours later. In addition, defense counsel noted that Rosales’ treating chiropractor testified that he knew nothing about the accident and only knew what Rosales told him about the incident and her complaints. Thus, defense counsel argued that Rosales’ alleged injury was not causally related to the collision.
Superior Court of Santa Cruz County, Santa Cruz, CA

Recommended Experts


Get a FREE consultation for your case