Case details

Driver and passenger injured in high-speed rear-ender





Result type

Not present

arm, disfigurement, emotional distress, face, facial laceration, fracture, head, headaches, humerus eye, mental, nose, psychological, scar, skull
On May 8, 2010, plaintiff Ana Maria Tejada, 32, a maid, was driving on southbound Interstate 880 in Milpitas, accompanied by plaintiff Rafael De La Cruz, 40, a self-employed businessman, in the passenger seat. At approximately 8:10 a.m., they were rear-ended at a high rate of speed by a vehicle operated by Adrian Hernandes. Tejada and De La Cruz sued Hernandes, alleging the defendant was negligent in the operation of his vehicle, causing the accident and their respective personal . Tejada and De La Cruz claimed that Hernandes, who was driving without insurance and with a suspended license, was exceeding the speed limit when he negligently rear-ended their vehicle. The police report noted that Hernandes admitted he was driving roughly 75 mph at the time of the accident. Hernandes initially answering the complaint and claimed he wasn’t at fault for the accident. However, the court struck his answer due to Hernandes’ failure to pay his first appearance fee., Tejada and De La Cruz were both taken from the scene of the accident by ambulance, but they were taken to separate hospitals. Tejada sustained a hairline skull fracture, as well as a scalp/forehead laceration and lacerations to her right, dominant arm/hand. She also suffered two metacarpal fractures in her left hand. Tejada was hospitalized and then followed up with her primary care physician. Tejada’s fractures closed and healed, but she was left with a roughly seven-inch residual scar on her forehead. She claimed she may undergo scar revision surgery in the future. She also claimed that although her fractures healed, she suffers from headaches and has had trouble sleeping since the accident. She also claimed she suffers from severe emotional distress. Thus, Tejada sought recovery of $55,251.20 in past medical costs, $1.66 million in damages for her pain and suffering, and $25,000 in punitive damages. De La Cruz sustained a fractured right humerus, which was casted, as well as some lacerations to his right arm/hand. He also sustained an abrasion to his right cornea, for which he was hospitalized. De La Cruz claimed he is fully healed from his , with no major residuals or need for further treatment. Thus, he sought recovery of $92,041.55 in past medical costs, $280,000 in damages for his pain and suffering, and $250,000 in punitive damages.
Superior Court of Santa Clara County, San Jose, CA

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