Case details
Motorists disputed cause of collision in center turning lane
SUMMARY
$27000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
fracture, wrist
FACTS
On Feb. 19, 2015, plaintiff Merna Munther, 28, was driving on southbound Jamacha Road, a road in El Cajon with two lanes headed in each direction. The road also has a dedicated center lane that divides northbound and southbound traffic and is to be used for beginning or completing turns. As Munther entered the center turning lane, the front of her vehicle impacted the left, front, driver’s side of a vehicle being operated by Alexandra Thorson, who was exiting a chiropractor’s parking lot and traveling east across Jamacha Road. Munther claimed she injured her neck, back, and right wrist. Munther sued Thorson, alleging that Thorson was negligent in the operation of her vehicle. Munther claimed that she entered the center lane so that she could make a left hand turn into an apartment complex’s parking lot, but that as she entered the center lane, Thorson’s vehicle suddenly and unexpectedly appeared, causing the collision. Thus, Munther claimed that Thorson failed to yield the right of way. Thorson noted that traffic was stopped on Jamacha Road due to a red traffic signal at the intersection with Lexington Avenue. She claimed that as a result of the traffic, two lanes of vehicles stopped to allow her room to drive across Jamacha Road. She claimed that as a result, she exited the chiropractor’s parking lot, started to drive her vehicle east across the southbound lanes of Jamacha Road, and made it past both the number one and number two lanes. However, Thorson claimed that as she started to progress her vehicle into the center lane so that she could go turn onto northbound Jamacha Road, her vehicle was struck by Munther’s vehicle. Thus, Thorson initiated a counterclaim against Munther, alleging to neck and back., Munther sustained a fracture of the right, dominant wrist and soft tissue of the neck and back. After the collision, Munther complained of pain to her chest area, but denied medical assistance at the scene. She was then taken by a friend to Sharp Grossmont Hospital, in La Mesa, where she underwent X-rays and was diagnosed with, and treated for, the fractured wrist before being discharged. She was later diagnosed with soft tissue to her neck and back, and underwent a period of chiropractic care. Munther claimed that she suffers from residual pain and limitations in performing activities of daily living. In regard to the counterclaim, Thorson claimed that the collision exacerbated her pre-existing multiple sclerosis, resulting in increased neck and back pain as well as chronic fatigue. She was later diagnosed with soft tissue to her neck and back and underwent physical therapy. Thorson claimed that she suffers from residual pain and limitations in performing activities of daily living.
COURT
Superior Court of San Diego County, San Diego, CA
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