Case details

Mother alleged hit-and-run crash injured her and her son





Result type

Not present

back, herniated disc, neurological, radicular pain, radiculitis
On March 21, 2018, plaintiff Cecilia Ortega Arce, 49, an elementary school secretary, was driving with her son, plaintiff Victor Ortega, 10, a student, as a front seat passenger. Their sedan was traveling in the number one lane of southbound Interstate 805, in San Diego. At the same time, a minivan operated by Itty Atcravi was traveling eastbound on State Route 52, the San Clemente Canyon Freeway, to the right of Arce’s vehicle. At the end of the transition road, as Atcravi was about to merge onto Interstate 805, in the number two lane, the front, left of his minivan collided with the right, rear of Arce’s car. The impact caused Arce’s vehicle to spin in a southwesterly direction and rotate onto the right shoulder of the interstate. Arce’s sedan then rolled over two times into a side embankment of the interstate. Arce sustained to her neck, back and left shoulder. Her son, Victor, a hemophiliac, sustained to his neck and back. Arce and Victor, by and through his guardian ad litem, Shiela Ortega, sued Atcravi and the owner of Atcravi’s vehicle, Kathleen Stevenson. Arce and Victor alleged that Atcravi was negligent in the operation of his vehicle and that Stevenson was vicariously liable for Atcravi’s actions. Victor Ortega Arce was also named as a plaintiff, but he was ultimately removed from the case. In addition, John Smith and Rania Allan were initially named as defendants, but they were dismissed form the case. Plaintiffs’ counsel contended that Atcravi committed a hit and run, as Atcravi allegedly kept driving after the collision. A witness allegedly saw the accident and followed Atcravi to a Home Depot parking lot, where 911 was called. Plaintiffs’ counsel noted that Atcravi did not have a valid license and that there were other factors that were detrimental to Atcravi’s representation by defense counsel., Victor sustained soft tissue to his neck and back. He was taken for treatment at an emergency room, where he stayed overnight. Victor does have residual pain in his neck and back, but he may require future medical care. Victor sought recovery of past and future medical costs, and damages for his past and future pain and suffering. Arce sustained herniated lumbar discs at the L2-3 and L3-4 levels, as well as a 4-millimeter lumbar disc herniation at L4-5 and a 3.8-millimeter lumbar disc herniation at L5-S1. She claimed the caused her lower back pain that radiated into a leg and hamstring. She further claimed that she sustained a sprain to her left shoulder, resulting in bursitis. Between the date of the accident and December 2019, Arce underwent MRIs, chiropractic care and pain management with nerve root block injections. She also had a neurosurgical consultation. Arce claimed that her pain is ongoing and that as a result, she will require lumbar fusion. However, she admitted that she was able to return to work. Arce also claimed that she suffered from emotional distress as result of seeing her son, Victor, in the intensive-care unit, as she was unsure of his or their impacts. Ortega Arce sought recovery of past and future medical costs, and damages for her past and future physical and emotional pain and suffering.
Superior Court of San Diego County, San Diego, CA

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