Case details

Pedestrian claimed wrist, head and spinal injuries from crash





Result type

Not present

anxiety, back, blunt force trauma to the head, fracture, head, head trauma, mental, neck, psychological, right wrist, wrist
On Dec. 19, 2010, at approximately 6:15 p.m., plaintiff Frances Morales, 31, a customer services representative, was walking from work to her mother’s home in Perris when she attempted to cross Nuevo Road, at its intersection with Town Center. While she was in the crosswalk, Morales was struck by a vehicle operated by Daniel Lay, who was making a left turn from northbound Town Center onto westbound Nuevo Road. Morales was subsequently thrown onto the pavement and sustained a fracture of her right wrist. She also claimed moderate head trauma, soft-tissue neck and back , and post-traumatic stress disorder. Morales sued Lay, alleging the defendant was negligent in the operation of his vehicle. Morales claimed she was three-quarters of the way through the crosswalk of the intersection when Lay struck her. She also claimed that, according to the investigating police officer, Lay admitted he did not see Morales leading up to impact. Thus, Morales claimed that Lay failed to yield to pedestrian traffic in a marked crosswalk at the subject intersection. Lay did not dispute liability for the accident., Morales was taken by ambulance to an emergency room, where she was diagnosed with a hairline fracture of her right, dominant wrist. She also claimed multiple bruises to her body, mild to moderate head trauma, and moderate soft-tissue strains and sprains of her neck and back. Morales treated her wrist fracture with closed reduction casting. She ultimately remained in the cast for 1.5 months and followed up with 1.5 months of rehabilitation. Morales claimed the bruises to her body have since healed. She also claimed that by the time of trial, all of her physical had healed. Morales further claimed she developed post-traumatic stress disorder and anxiety from the accident. However, she alleged she treated with a psychologist and is 80 percent healed from her PTSD, with no need for any future treatment. Thus, Morales sought recovery of $23,500 in past medical costs (all lien based) and $8,000 in past loss of earnings due to her doctors placing her on total disability for four months. She also sought recovery of damages for her pain and suffering. Defense counsel did not retain a physician or dispute Morales’ alleged and damages.
Superior Court of Riverside County, Perris, CA

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