Case details
Parties disputed who caused multiple-vehicle rear-end crash
SUMMARY
$16500
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
cervical ankle, chest, head, headaches, neck, pain, rib, strain
FACTS
On Oct. 3, 2009, plaintiff Julie Sebestyen, 45, an in-home care provider, was driving on State Route 91 in Anaheim when she was involved in a chain-reaction rear-end collision involving four other vehicles. Sebestyen claimed to her head, neck, ribs and left ankle. Sebestyen sued all the drivers involved in the accident, Jesus Vega, Rosalio Molina, Brendan McCarthy and David Wadsworth; and the owner of Vega’s rental vehicle, Hertz Vehicles LLC. Sebestyen alleged that each driver was negligent in the operation of their respective vehicles and that Hertz was vicariously liable for Vega’s actions. Wadsworth was voluntarily dismissed from the case and McCarthy, who was traveling behind Molina, never answered the complaint. Plaintiff’s counsel contended that Sebestyen was initially rear-ended by Vega’s vehicle and that Molina then rear-ended Vega, causing Vega to strike Sebestyen’s vehicle a second time. Vega and Molina each disputed who initiated the chain-reaction accident., Sebestyen was taken from the scene of the accident by ambulance and brought to an emergency room. She suffered a bloody nose, and complained of neck, rib and left ankle pain. Sebestyen was subsequently diagnosed with a cervical strain and rib contusion, and followed up with chiropractic care and massage therapy through January 2010. She claimed she then picked up her treatment again in June 2011 through January 2013. Sebestyen claimed she experienced residual headaches following the accident, but that she is now mostly healed from all of her , with no major restrictions. Thus, she sought recovery of $12,739 in past medical costs, including $9,803 from her second stint of treatment, and an unspecified amount of damages for her pain and suffering. Defense counsel contended that Sebestyen had a significant gap in treatment from January 2010 through June 2011, and that her should have resolved when she initially stopped treating. Counsel also contended that any complaints and treatment Sebestyen had from June 2011 to the present were unrelated to the accident.
COURT
Superior Court of Orange County, Santa Ana, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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