Case details

Driver traveling too close to vehicle, caused crash: plaintiff

SUMMARY

$500000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
back, cervical, herniated disc, lumbar, neck
FACTS
On June 22, 2017, plaintiff Noemi Perez, 38, a financial aid director, was driving in the number one lane of westbound Beverly Boulevard, in Los Angeles, when her sport utility vehicle was rear-ended by a pickup truck operated by Sergio Hernandez, an employee of the county of Los Angeles. Perez sued Hernandez and the owner of Hernandez’s vehicle, Hernandez’s employer, the county of Los Angeles. Perez alleged that Hernandez was negligent in the operation of his pickup truck and that the county was vicariously liable for Hernandez’s actions. The city of Los Angeles was initially also named as a defendant, but it was erroneously sued and ultimately dismissed from the case. Plaintiff’s counsel contended that Hernandez was traveling too close to Perez’s vehicle and that Hernandez should have been driving slower. Hernandez claimed that there was a vehicle traveling in between his vehicle and Perez’s SUV, but that the vehicle quickly switched into the number two lane, which is when he noticed Perez’s vehicle stopped in front of him. He claimed that as a result, he braked hard and sounded his horn, but was unable to avoid the collision., Perez claimed that she sustained herniated cervical and lumbar discs. She did not require emergency care, but she ultimately underwent a lumbar laminectomy, a microdiscectomy and a microforaminotomy, which resolved her lower back pain. Perez sought recovery for her medical costs and pain and suffering.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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