Case details

Plaintiff claimed back and neck injuries from intersection crash





Result type

Not present

chest, lower back, neck
On Oct. 15, 2011, at approximately 8:40 p.m., plaintiff Maria Aburto, an unemployed 59 year old, was driving on northbound Lindley Avenue in Los Angeles when she entered the intersection with Kittridge Street and broadsided a vehicle operated by Julio Rosas. Aburto claimed to her neck, lower back, and chest. Aburto sued Rosas and the registered owner of Rosas’ vehicle, Gloria Dominguez. Aburto alleged that Rosas was negligent in his operation of his vehicle and that Dominguez was vicariously liable for Rosas’ actions. Aburto contended that as she crossed the subject intersection, Rosas failed to yield the right of way by crossing directly in her path from eastbound Kittridge Street. Thus, she claimed Rosas’ actions caused her to broadside the driver side of Rosas’ vehicle. Rosas contended that he was not traveling on eastbound Kittridge Street, but, rather, on southbound Lindley Avenue. He claimed that Aburto was attempting a left turn at the subject intersection, failing to yield to his oncoming vehicle and causing the broadside collision. Furthermore, defense counsel contended that the police report for the accident assessed fault on Aburto., Aburto was taken by ambulance to an emergency room, where she was diagnosed with soft-tissue strains and sprains of her neck and lower back, as well a chest contusion as a result of her seat belt. She was subsequently treated with physical therapy and chiropractic care for two months. Aburto claimed she still deals with residual neck and lower back pain, but does not plan on undergoing any further treatment. Thus, she sought recovery of $15,000 in past medical costs. She also sought recovery of damages for her pain and suffering. Defense counsel argued that Aburto suffered from pre-existing, degenerative changes in her neck and lower back.
Superior Court of Los Angeles County, Los Angeles, CA

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