Case details

Motorist lost control and caused multiple vehicle crash: plaintiffs





Result type

Not present

back, back sprains, cervical, chest, fracture, knee, left knee, meniscus, neck, sternum, tear, vertebra, vertebrknee
On Dec. 24, 2011, plaintiff Julio Figueroa, 62, a waiter, was driving on eastbound Centinela Avenue in Los Angeles, with plaintiff Bertha Gamboa, 59, a waiter, as a front seat passenger, when they were struck head-on by a rental vehicle operated by Luis Cardenas. Prior to the collision, a vehicle operated by Gilbert Carrillo was stopped in a left hand turn pocket of Centinela Avenue, intending to turn left and enter a northbound side street, when he was struck by Cardenas’ rental vehicle. The collision caused Cardenas’ rental vehicle to continue on and strike the vehicle containing Figueroa and Gamboa. Figueroa and Gamboa sued Cardenas; Carrillo; and the owners of Cardenas’ vehicle, All States Car Rental. Figueroa and Gamboa alleged that Cardenas and Carrillo were negligent in the operation of their respective vehicles. They also alleged that All States Car Rental negligently entrusted the vehicle to Cardenas. Plaintiffs’ counsel contended that Cardenas lost control of his vehicle, striking Carrillo, which in turn, caused the subject collision. Counsel also contended that All States Car Rental negligently relied upon a translation of Cardenas’ driver’s license, with no photo or signature, without ever seeing his actual license. Cardenas claimed that he was trying to avoid Carrillo’s vehicle, prior to striking the plaintiffs’ vehicle, when Carrillo’s vehicle struck him. Carrillo claimed that he remained stopped while he was waiting for Cardenas’ vehicle to pass when Cardenas’ vehicle lost control and clipped his vehicle on the side, before Cardenas continued on into the plaintiffs’ vehicle. All States Car Rental admitted that Cardenas only presented a translation of his driver’s license, but it claimed that this translation was sufficient., Figueroa and Gamboa were both taken from the scene and brought to a hospital. Figueroa suffered a meniscal tear of the left knee and a fractured vertebra in the neck. He subsequently underwent an arthroscopic knee surgery and one epidural injection to his cervical spine. Figueroa claimed he continues to have some residual pain. He alleged that as a result, he retired after the accident, but admitted that he was previously intending to retire. Gamboa suffered a comminuted fracture of the sternum and a displaced angulated fracture of the head of the left fifth metacarpal bone. She also suffered neck and back sprains and strains, as well as a contusion to the left knee, resulting in pain. Gamboa had no surgeries, but treated her with extensive physical therapy. Gamboa claimed that she has some limitations, but has made a good recovery and has returned to work.
Superior Court of Los Angeles County, Santa Monica, CA

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