Case details

Plaintiff claimed back fractures from collision with turning SUV

SUMMARY

$100000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
back, fracture
FACTS
On May 13, 2016, plaintiff Martine Silvas, 57, a saleswoman, was driving on southbound Vicentia Avenue, in Corona, when her compact car struck the passenger side of a sport utility vehicle operated by Kevin Button, who was attempting to make a left turn into a driveway from northbound Vicentia Avenue. Silvas claimed to her lower back. Silvas sued Button, alleging that Button was negligent in the operation of his vehicle. Silvas claimed that Button caused the crash by failing to yield before attempting to make a left turn in front of her vehicle. Button did not majorly dispute liability., Silvas sustained lumbar compression fractures of the L2 and L5 vertebrae. She was placed in an ambulance and transported to Corona Regional Medical Center, in Corona, where she was treated and released. She then underwent approximately 4.5 months of pain management treatment. Silvas did not undergo any injections, physical therapy or chiropractic care. Instead, her treatment mostly consisted of pain medication. When Silvas’ symptoms did not resolve, doctors told her that the next step would be surgery. However, Silvas declined to undergo the recommended procedures. Silvas claimed that she is no longer able to water ski or go boating due to her . She also claimed that it is harder for her to camp or drive. Silvas claimed that her driving difficulties affect her ability to do her job, as she often had to take long trips to make sales, and that she has been unable to fully work from the date of the crash through July 2016. Silvas sought recovery of $23,641.87 in past medical expenses and between $8,000 and $9,000 in past lost earnings. She also sought recovery of damages for her past and future pain and suffering. Defense counsel argued that Silvas’ complaints were due to her prior back issues.
COURT
Superior Court of Riverside County, Riverside, CA

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