Case details

Injuries were not caused by crash, defense counsel argued





Result type

Not present

back, knee, lumbar, meniscus, strain, tear, thoracic
On Aug. 29, 2008, plaintiff Rosa Felix, 49, a tax preparer, was driving her sport utility vehicle in the outside lane of northbound Interstate 880, near Hayward. At approximately 2:30 p.m., while she was stopped for traffic, Felix was rear-ended by a SUV operated by Danielle Brennan. She claimed to her back and right knee. Felix sued Danielle Brennan and the owner of her vehicle, Philip Brennan, her father. She alleged that Ms. Brennan was negligent in the operation of her vehicle that Mr. Brennan was vicariously liable for his daughter’s actions. Felix claimed Ms. Brennan was inattentive at the time of the accident. The defendants admitted liability, and the matter proceeded to a trial on causation and damages., Felix claimed a torn meniscus in her right knee and soft-tissue to her thoracic and lumbar spine. She sought treatment at a primary care facility five days after the accident and ultimately underwent arthroscopic surgery on her knee in December 2008, and another arthroscopic procedure in June 2010. She also received four series of epidural steroid injections to treat her spinal and followed up with a few weeks of physical therapy. Felix claimed she suffers from residual pain and restrictions to her right knee and lower back. She alleged that she couldn’t walk or stand for long periods of time without experiencing pain, and is restricted in her ability to care for and play with her children. Thus, she claimed $30,000 in damages for past medical costs, which were the reduced “paid” charges that the defense counsel stipulated to as reasonable. Felix further sought recovery of $75,000 to $90,000 in general damages. Defense counsel argued that the biomechanics of the accident were inconsistent with the claimed . He contended that Felix’s meniscal tear and back complaints were not related to the accident, and that the plaintiff had been untruthful during her deposition when she denied prior problems to those areas. Counsel argued that because Felix had not met her burden of proof on the causation issue, the jury should award a defense verdict or the reasonable amount of the cost of the initial examination by a primary care physician, which was less than $100.
Superior Court of Alameda County, Oakland, CA

Recommended Experts


Get a FREE consultation for your case