Case details

Passenger claimed brain injuries from intersection crash





Result type

Not present

back, brain, brain injury, cervical, lumbar, neck, strain, traumatic brain injury
On July 17, 2011, plaintiff Guadalupe Jimenez, 22, was a passenger in a Nissan operated by Maria Molina. At approximately 7:42 a.m., Molina attempted to make a left turn from Baker Street onto McFadden Avenue in Santa Ana, when she was struck with a vehicle that was eastbound on McFadden Avenue. Jimenez claimed head . Jimenez sued Molina, alleging the defendant was negligent in the operation of the Nissan. Specifically, Jimenez claimed that Molina failed to yield to opposing traffic while making the left turn at the intersection, causing the other vehicle to broadside Molina’s vehicle accordingly. Molina’s insurance carrier filed a Reservation of Rights letter. It claimed that since Jimenez and Molina allegedly resided together, Jimenez could not recover damages from Molina per the relative resident exclusion of Molina’s policy., After the accident, Jimenez was taken to Western Medical Center in Santa Ana. A CT scan showed a small subcortical hematoma to Jimenez’s left posterior temporal lobe, near the petrous bone, and a 5-millimeter shear contusion to the right side of her brain. She was subsequently diagnosed with a cerebral contusion with small gyral hemorrhage. Jimenez was also diagnosed with cervical and lumbar strains, and a contusion of her abdominal wall. Other than her hospital stay from July 17, 2011, until July 19, 2011, Jimenez received no further treatment. Jimenez claimed that she did not sustain any loss of earnings. Thus, she sought recovery of $30,332.40 for her past medical expenses.
Superior Court of Orange County, Orange, CA

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