Case details

Multiple-vehicle crash caused neck and back injuries: plaintiffs

SUMMARY

$9500

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
back, cephalalgineck, head, headaches, neck, soft tissue, sprains, strains
FACTS
On Nov. 3, 2011, plaintiff Miriam De La Cruz, 64, a retiree, was driving on southbound Woodruff Avenue in Downey, accompanied by her grandson, plaintiff Alfonso Franco, 17, a high school student, in the front passenger seat. At approximately 7:53 a.m., a three-vehicle rear-end collision occurred involving De La Cruz, a vehicle behind her operated by Ana Xanthe Cortes Chirino, and a vehicle behind Chirino operated by Valentin Darie. De La Cruz and Alfonso both claimed to their neck. De La Cruz also claimed an injury to her back. De La Cruz and Alfonso sued Chirino and Darie, alleging the defendants were negligent in the operation of their respective vehicles. De La Cruz claimed she felt one impact, which suggested Chirino initiated the chain-reaction collision by rear-ending her stopped vehicle. However, plaintiffs’ counsel contended that both defendants were negligent for speeding and following too closely in violation of vehicle codes. Counsel also contended that the police report corroborated De La Cruz’s account of the accident. Chirino claimed that Darie initially rear-ended her and was the sole proximate cause of the accident. Darie claimed that Chirino rear-ended De La Cruz first and that Chirino was then pushed back, striking the front of his vehicle., De La Cruz and Alfonso both refused assistance from emergency medical technicians at the scene of the accident, but went to an urgent care facility later that day. De La Cruz claimed posterior neck, lower back, and mid-back pain, as well as headaches. She was diagnosed with soft-tissue strains and sprains, and treated with roughly two months of chiropractic care, consisting of electrical muscle stimulation, hot/cold packs, and massage therapy. De La Cruz claimed she suffered from post-traumatic cephalalgia (headaches), but she is now mostly healed from her . Thus, she sought recovery of $4,020 in past medical costs and recovery of damages for her past pain and suffering. Alfonso was diagnosed with soft-tissue strains and sprains of his posterior neck. He treated with chiropractic care for roughly two months, also consisting of electrical muscle stimulation, hot/cold packs, and massage therapy. Alfonso claimed he is now fully healed and has since gone into the Marine Corps. Thus, he sought recovery of $3,390 in past medical costs and recovery of damages for his past pain and suffering. Defense counsel did not seriously dispute the plaintiffs’ alleged and damages.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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