Case details

Driver denied hitting bicyclist, claiming she fell

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
back, fracture, lower back
FACTS
On Jan. 17, 2009, at 10 a.m., plaintiff Maria Ortiz, 46, a housekeeper, was on her bicycle at the intersection of westbound 97th Street and Inglewood Avenue in Inglewood when she was involved in an accident. She claimed she was struck by a vehicle operated by Humberto Chavez, knocking her to the ground and causing neck and back . Ortiz sued Chavez and the owner of Chavez’s vehicle, Leticia Montes. Ortiz alleged that Chavez was negligent in the operation of his vehicle and that Montes was vicariously liable for Chavez’s actions. Ortiz claimed that she was riding her bicycle through the intersection of 97th Street and Inglewood Avenue when Chavez failed to stop at the stop sign and struck her on her bicycle. Chavez claimed that his vehicle did not make contact with Ortiz. Instead, he claimed that Ortiz jumped into the street on her bicycle and fell to the ground, causing her own ., Ortiz sustained soft-tissue neck and back , including a compression fracture to her lower back. She subsequently received chiropractic treatment and epidural injections totaling $56,780. Ortiz testified that she continues to have back pain, while her treating physician testified that Ortiz will need a future back surgery. Thus, Ortiz sought recovery of $130,206 in total damages, including $56,780 in past medical costs, $30,585 in future medical costs, and an unspecified amount for her past and future pain and suffering. However, she did not make a claim for a loss of earnings.
COURT
Superior Court of Los Angeles County, Torrance, CA

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