Case details

Driver failed to stop for red turning arrow, claimant alleged





Result type

Not present

brain, cervical, concussion, face, facial laceration, fracture, head, leg, neck, nose, strain
On Wednesday, Feb. 22, 2012, at around 10:32 a.m., claimant Scott Merrill, 48, a warehouseman for Castle & Cooke Cold Storage, was driving his 1994 Gray Toyota pick-up truck on southbound Rimpau Avenue in Corona when his vehicle entered the intersection with Ontario Avenue and was struck head-on by a vehicle operated by Peter Sotos. Merrill sustained to his face, arm and leg. Merrill brought a claim against Sotos, alleging that the respondent was negligent in the operation of his vehicle. Merrill alsosought further recovery via the supplementary-underinsured-motorist provision of his own insurance policy, which was administered by Allstate Insurance Co. Merrill claimed that he was traveling on a green traffic signal through the intersection when Sotos, suddenly and without warning, attempted to make a left turn in front of him. Merrill’s counsel contended that the traffic collision report noted that Sotos was mailed a citation for violating California Vehicle Code § 21453(C), failure to stop at red arrow. Sotos did not contest liability., Merrill lost consciousness at the scene and was taken to a hospital for treatment. He also sustained a comminuted fracture of the right leg’s proximal fibula with marrow edema, a concussion, a cervical strain, a contusion to his left non-dominant forearm, and facial lacerations, which required suture repair. The fracture was inoperable, and required rest and pain medication only. In addition, Merrill was instructed on a home regimen of physical therapy for his cervical strain. Merrill’s counsel contended that approximately $1,800 was paid in reimbursement for the medical services rendered. Merrill’s wife, Ilse Merrill, sought recovery of damages for her loss of consortium.
Matter not filed, CA

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