Case details

Plaintiff claimed broadside collision caused back injury

SUMMARY

$507600

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, emotional distress, fusion, herniated disc, lumbar, mental, neck, psychological
FACTS
On Dec. 9, 2011, plaintiff Mayra Juarez, 26, an airline agent, was driving west on West Century Boulevard, in Los Angeles. When her vehicle entered the intersection with Glasgow Place, it was broadsided by a vehicle operated by Helman Gomez, who entered the intersection from the northbound side of Glasgow Place. Juarez claimed to her back. Juarez sued Gomez; the owner of Gomez’s vehicle, Albert Barkley; and Gomez’s employer, Worldwide Express Inc., which was initially erroneously sued as Eagle Express Group Inc. Juarez alleged that Gomez was negligent in the operation of his vehicle and that Barkley and Worldwide Express were vicariously liable for Gomez’s actions. The defendants stipulated that Gomez was in the course and scope of his employment at the time of the crash, making Worldwide Express liable for the entire verdict. As a result, Barkley was removed from the case. Plaintiff’s counsel contended that Juarez had the right of way and that Gomez attempted to make an illegal left turn from a stop sign on the northbound side of Glasgow Place. Counsel also contended that Gomez crossed multiple lanes of traffic before broadsiding Juarez’s vehicle. Defense counsel argued that Juarez caused the accident by speeding., Juarez claimed he sustained a herniation lumbar disc. She received epidural injections, but she eventually required a lumbar fusion at the L5-S1 level. Juarez claimed she may eventually need an additional fusion surgery. She also claimed that she suffers from emotional distress as a result of the accident and may eventually need treatment from a psychologist. Juarez sought recovery of past and future medical costs, and damages for her for past pain and suffering. Defense counsel argued that Juarez’s lumbar injury was caused by a subsequent accident.
COURT
Superior Court of Los Angeles County, Pomona, CA

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