Case details

Plaintiff claimed back and neck injuries from broadside crash





Result type

Not present

back, neck, soft tissue, sprains, strains
On Aug. 22, 2011, at approximately 8 a.m., plaintiff Fernando Torres, 26, a car transporter, was driving west on Division Street in National City when he broadsided a vehicle operated by Isabel Chavez Orozco, who was making a left turn into a driveway from eastbound Division Street. Torres claimed to his neck and back. Torres sued Orozco. Torres alleged the defendant was negligent in the operation of his vehicle for failing to yield to oncoming traffic. Torres claimed that Orozco only checked the left lane before attempting his turn and not the far right line that he was traveling in. Thus, Torres claimed that Orozco failed to make sure all westbound traffic was cleared before making his left turn. In addition, plaintiff’s counsel noted that the police report stated that Orozco admitted to not checking to make sure the right lane was clear when he made his left turn. Orozco claimed that Torres was comparatively at fault for the accident. He alleged that a driver in the left lane of westbound Division Street allowed him to pass and that Torres should have noticed the vehicle stopped in the left lane and anticipated that a vehicle was making a left turn into the driveway., On the day of the accident, Torres was taken by his girlfriend to an emergency room, where he presented with neck and back pain. He was subsequently treated and released. A few weeks later, Torres followed up with a chiropractor to treat his soft-tissue strains and sprains, and continued with chiropractic care for four months. Torres claimed he healed from his and suffers no major residual symptoms. Thus, he sought recovery of $5,662.60 in past medical costs and lost earnings, as well as $28,000 in damages for his pain and suffering. Defense counsel contended that Torres had a slight delay in treatment of roughly two weeks following the initial ER visit. The defense’s expert chiropractor claimed that Torres only required a few weeks of treatment for his minor . In response, Torres claimed that his delay in treatment was due to his boss refusing to give him time off from work.
Superior Court of San Diego County, San Diego, CA

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