Case details

Parties disputed who crossed center line coming around curve





Result type

Not present

cervical, fusion, herniated disc, neck
On March 21, 2016, plaintiff Leann Bibbie, 74, a home nurse, was driving on the eastbound side of Heacock Street, in Moreno Valley. Her vehicle was struck by a tractor-trailer operated by George Postulka, who was executing a left turn onto the opposite side of Heacock Street, from the northbound side of Perris Boulevard. Bibbie claimed to her neck, left shoulder, left arm and back. Bibbie sued Postulka and Postulka’s employer, A-Quality Transport, LLC. Bibbie alleged that Postulka was negligent in the operation of his vehicle and that A-Quality Transport was vicariously liable for Postulka’s actions while in the course and scope of his employment. William Thomas Sr. was named as a plaintiff, but was ultimately dismissed from the case. In addition, Redwood Fire and Casualty Insurance Co. was named as a defendant, but it was also dismissed from the case. Bibbie’s counsel contended that Postulka crossed over into Bibbie’s lane and struck Bibbie’s vehicle while turning. Counsel argued that Postulka was negligent for failing to make sure he was able to make the turn safely without crossing into oncoming traffic. Defense counsel contended that Bibbie had crossed onto the opposite side of Heacock Street while preparing to turn onto Perris Bouelvard. Counsel also contended that the collision was caused by ongoing construction along Heacock Street and Perris Boulevard., Bibbie claimed that she sustained herniated discs at the C3-4, C4-5 and C5-6 levels. She also complained of pain to her left shoulder and left arm. Bibbie was taken to Riverside County Regional Medical Center, in Moreno Valley, and she ultimately underwent a three-level cervical fusion in July 2018. Bibbie claimed that she continues to have problems with movement of her neck from side to side and up and down. Bibbie sought recovery of past medical costs, and damages for her past and future pain and suffering. Defense counsel argued that Bibbie could not have sustained requiring surgeries since the impact was minor.
Superior Court of Riverside County, Riverside, CA

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