Case details
Driver of turning vehicle failed to yield right of way: claimant
SUMMARY
$50000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
cervical, head, headaches knee, neck, sprain, whiplash
FACTS
On March 22, 2012, at around 3:30 p.m., claimant Ilse Merrill, 42, a customer service representative with United Healthcare, was in her vehicle traveling southeast along Via Del Rio in Corona when she entered the intersection with Avenida Del Vista on a green traffic signal for through traffic. However, when she entered the intersection, her vehicle was struck by a vehicle operated by Sara Soto De Mayor, who was attempting to make a left turn onto Avenida Del Vista from northwest-bound Via Del Rio. Soto De Mayor slammed into the driver’s side door of Merrill’s vehicle, causing it to roll over. Merrill’s vehicle was subsequently declared a total loss, and Merrill sustained to her back, neck, and left shoulder, knee and hip. Merrill brought a claim against Soto De Mayor and the owner of her vehicle, Beatriz Mayor, Soto De Mayor’s mother. Merrill alleged that Soto De Mayor was negligent in the operation of her vehicle and that Mayor was vicariously liable for her daughter’s actions. Merrill claimed that Soto De Mayor failed to yield to her approaching vehicle and continued with her left turn when it was unsafe to do so. Merrill’s counsel noted that investigating officers concluded that Soto De Mayor caused the collision by failing to yield to oncoming traffic when making her left hand turn, in violation of California Vehicle Code § 21801(a). Soto De Mayor conceded liability., Merrill sustained a sprain of her cervical spine, and stains of her left non-dominant shoulder, left knee and left hip. She also sustained whiplash, vertigo/dizziness, headaches, bruising, lacerations and bilateral tenderness of the hip bursa. Merrill was subsequently taken to a hospital. Merrill claimed approximately $3,649.28 in paid medical specials. Thus, she sought recovery of damages for her past medical costs, and pain and suffering. Her husband, Scott Merrill, sought recovery of damages for his loss of consortium.
COURT
Matter not filed, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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