Case details

Pedestrian: Driver struck her backing out of parking space





Result type

Not present

back, dental, fractured teeth, neck, teeth., whiplash
At around 7:50 a.m. on Nov. 4, 2014, plaintiff Jennifer Vargas, an unemployed 42 year old, was walking her dog in a grass area next to a parking lot when she was allegedly struck by a vehicle operated by Lori Silva, who was reversing out of a parking space. According to Vargas, she subsequently fell onto the trunk of the vehicle and sustained to her neck, back and teeth. Vargas sued Silva and the believed owner of Silva’s vehicle, Kathy King. Vargas alleged that Silva was negligent in the operation of her vehicle and that King was vicariously liable for Silva’s actions. Vargas claimed that Silva was inattentive as she whipped her car out of the parking space, causing the accident. Silva denied the incident ever occurred., Vargas claimed that she sustained a whiplash injury to her neck and three chipped teeth. She subsequently presented to an urgent care facility a couple of days after the alleged incident and then underwent four weeks of physical therapy. She also received two trigger point injections and one epidural injection. In addition, she had two veneers and a crown placed on her chipped teeth. Vargas claimed that she is left with limited range of motion to her cervical spine, which affects her everyday activities. She alleged that as a result, she will require additional physical therapy, as needed, and additional trigger point injections. Thus, Vargas sought recovery of medical expenses, and damages for her past and future pain and suffering. Defense counsel argued that Vargas was exaggerating her , that Vargas’ medical care was attorney directed, that the treatment was unreasonable and unnecessary. Thus, counsel argued that the cost of the medical care was excessive. In addition, defense counsel argued that any alleged injury was not causally related to the incident because the incident never occurred.
Superior Court of San Diego County, San Diego, CA

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