Case details

Drivers disputed cause of sideswipe collision





Result type

Not present

back, cervical, disc protrusion, neck
On Nov. 16, 2011, at approximately 9:41 p.m., plaintiff Oscar Escarate, a restaurant busser in his 20s, was driving on eastbound Thousand Oaks Boulevard, in Thousand Oaks, when he was involved in a sideswipe collision with a vehicle operated by Deborah Dematteo. Escarate claimed to his neck and back. Escarate sued Dematteo, alleging the defendant was negligent in the operation of her vehicle. Escarate contended that while traveling in the number two (right) lane of eastbound Thousand Oaks, Dematteo pulled out into the road from the curbside on his right, causing the sideswipe collision. Dematteo contended that she was not liable and that Escarate was at fault for causing the accident. She claimed that she was traveling in the right lane of eastbound Thousand Oaks when Escarate attempted to merge from the number one (left) lane, causing the sideswipe collision., Forty-two days after the accident, Escarate presented to a chiropractor for treatment of soft-tissue strains and sprains of his neck and back. He also saw an orthopedist and underwent an MRI, which revealed a 4.7-millimeter disc bulge at C5-6. Escarate ultimately treated 34 times with the chiropractor through May 2012. Escarate claimed that he is mostly healed from his , but that he still has some residual neck pain. He currently does not seek any further treatment and did not make a claim for lost earnings. Thus, Escarate sought recovery of $3,415 in past medical costs, $2,860 in property damage, $10,000 for in damages for his past pain and suffering, and $10,000 in damages for his future pain and suffering. Defense counsel did not dispute the nature and extent of Escarate’s alleged and damages.
Superior Court of Ventura County, Ventura, CA

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