Case details

Motorist claimed truck driver ran red light, causing crash





Result type

Not present

back, lumbar, sprain, strain
On Oct. 8, 2014, plaintiff Stephen Kluthe, 22, an information technology programmer, was driving a sedan on westbound Cannon Road, in Carlsbad. Plaintiff Lauren Williamson was a passenger. As Kluthe entered the intersection with El Camino El Real, his car was broadsided by a dump truck operated by Richard Holladay. Kluthe claimed to his lower back. Kluthe and Williamson sued Holladay and the owner the dump truck, Holladay’s employer, Charles Doherty. Kluthe and Williamson alleged that Holladay was negligent in the operation of the truck and that Doherty was vicariously liable for Holladay’s actions. Williamson was dismissed for a waiver of costs the day before trial. Kluthe claimed he approached a red light at the intersection of Cannon Road and El Camino Real and that when his light turned green, he entered the intersection and was broadsided by Holladay’s truck. He alleged that since his light turned green, Holladay must have run a red light. Holladay claimed he entered the intersection on a yellow light and that Kluthe failed to yield to his truck, which was in the intersection., Kluthe claimed he suffered sprains and strains to his lower back. He had a total of seven epidural injections to his lumbar spine. He claimed that despite treatment, he suffers from constant back pain. The plaintiff’s expert orthopedic surgeon opined that Kluthe will need to undergo lumbar surgery in the future. Kluthe also claimed that he will need future epidural injections, and a lumbar discectomy and fusion. Defense counsel denied that Kluthe was injured in the subject accident and argued that Kluthe’s were pre-existing. The defense’s expert orthopedic surgeon opined that Kluthe does not need any future care or treatment.
Superior Court of San Diego County, Vista, CA

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