Case details

Defense: Low-speed collision did not cause plaintiffs’ injuries

SUMMARY

$4300

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, bulging disc, cervical, knee, medial meniscus, neck, tear
FACTS
On Jan. 24, 2011, plaintiff Jonathan Barajas, a security guard and real estate sales person in his 20s, was operating a Jaguar XJ8 in the carpool lane of westbound State Route 60 with plaintiff Ruben Barajas, a real estate sales person in his 50s, as a front seat passenger and plaintiff Jose Lopez, a client in his 50s, as a rear seat passenger. Their vehicle ultimately rear-ended a Toyota operated by German Ruiz, resulting in to the occupants of the Barajas vehicle. Jonathan Barajas, Ruben Barajas and Jose Lopez sued Ruiz, alleging that Ruiz was negligent in the operation of his vehicle. Ruiz filed a cross-complaint against Jonathan Barajas, alleging that Jonathan Barajas was negligent in the operation of the Jaguar. The Barajases and Lopez claimed that Ruiz attempted to enter the carpool lane, cutting them off and causing the collision. Ruiz claimed he began to move out of the car pool lane, and was half way into the number one lane, when traffic in front of him in the number one lane suddenly stopped. He claimed that due to a vehicle approaching rapidly from the rear in the number one lane, he deemed it safer to remain in the car pool lane, as he observed the Barajas vehicle approximately 100 yards behind him. Ruiz claimed that as a result, he moved fully back into the car pool lane and then had to stop for traffic in front of him in that lane, but that Jonathan Barajas failed to stop, rear-ending his Toyota. In addition, the defense’s accident reconstruction expert opined that Jonathan Barajas had sufficient time to stop and avoid the collision, but failed to do so., Neither the Barajases nor Lopez complained of any at the scene. They also declined to file a police report and declined a police officer’s offer to call for an ambulance. Jonathan Barajas claimed he suffered soft-tissue sprains and strains to his neck and back. He underwent approximately six weeks of physiotherapy at Loyola University Medical Center in Los Angeles. He claimed he ultimately recovered fully, but was evaluated again with the other two plaintiffs by the plaintiffs’ orthopedic surgery expert in September 2013. Thus, Jonathan Barajas sought recovery of $4,375 in past medical costs. Ruben Barajas underwent approximately three months of chiropractic treatment and physiotherapy at Loyola University Medical Center. He was later evaluated by the plaintiffs’ expert orthopedic surgeon in early 2011 and was diagnosed with ulnar nerve entrapment of the right, dominant elbow. The expert did not suggest any treatment for the condition and only re-evaluated Ruben Barajas in September 2013. The plaintiffs’ expert orthopedic surgeon ultimately opined that Ruben Barajas would require surgery for his elbow. Thus, Ruben Barajas sought recovery of $14,420 in past medical costs for the treatment at the medical center, for seeing the plaintiffs’ expert, and for an MRI of the right elbow. He also sought recovery of approximately $25,000 in future medical costs for the recommended elbow surgery. Lopez underwent approximately three months of chiropractic treatment and physiotherapy at Loyola University Medical Center. He did not complain of knee problems in discovery, but was evaluated by the plaintiffs’ orthopedic surgery expert shortly before trial, and was diagnosed with a torn medial meniscus of the right knee and bulging cervical discs. The expert subsequently recommended surgery on the knee and epidural injections to the cervical spine. However, no surgery or injections had been performed as of the time of trial. Thus, Lopez sought recovery of $10,710 in past medical costs for the treatment at the medical center and for his examinations by the plaintiffs’ expert. The plaintiffs’ expert orthopedic surgeon opined that the cervical injections that Lopez required would cost between $12,000 and $21,000 and that the knee surgery Lopez required would cost $25,000. Ruiz’s counsel contended that the plaintiffs’ accident reconstruction expert agreed, in accordance with the defense’s accident reconstruction expert’s opinion, that the incident involved a low-speed collision. Thus, Ruiz’s counsel contended that, based on the opinions of both the plaintiffs’ and the defense’s accident reconstruction experts, and based on the opinions of the defense’s expert chiropractor and expert orthopedic surgeon, the Barajases and Lopez suffered, at most, soft tissue that did not require any treatment or surgery.
COURT
Superior Court of Los Angeles County, Pomona, CA

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