Case details

Plaintiff claimed broadside crash exacerbated wrist injuries





Result type

Not present

back, cervical, lumbar, neck, sprain, strain
On June 24, 2008, plaintiff Connie Ramirez, a disabled woman in her 50s, was driving west on West Redlands Boulevard in San Bernardino. While attempting to make a left turn onto southbound Alabama Street, Ramirez was broadsided by a vehicle operated by Adela Elbowitz, who was traveling on southbound Alabama Street. Ramirez claimed to both wrists, as well as to her neck and back. Ramirez sued Ms. Elbowitz and the owner of her vehicle, Michael Elbowitz. Ramirez alleged that Mrs. Elbowitz was negligent in the operation of her vehicle and that Mr. Elbowitz was vicariously liable for his wife’s actions. Ramirez claimed that she had a green light at the subject intersection and that her vehicle was struck on the passenger side when Ms. Elbowitz ran a red light. Plaintiff’s counsel deposed the investigating police officer and an eyewitness, who both corroborated with Ramirez’s account of the accident. Ms. Elbowitz disputed liability, arguing that it was Ramirez who ran a red light and caused the broadside collision., On the date of the accident, Ramirez’s husband took his wife to an emergency room, where she complained pain in her neck, back and both wrists. Ramirez claimed soft-tissue strains and sprains to her cervical and lumbar spine. She also claimed her wrist were a product of her osteoarthritis, which was exacerbated by the accident. Ramirez claimed that her neck and back had resolved, but that she still experiences chronic pain in her wrists, affecting her ability to care for a family member. She also claimed she required a release surgery on her wrists, but had to delay the procedure due to another medical condition. Thus, Ramirez sought recovery of damages for her medical costs, as well as past and future pain and suffering. Defense counsel contended that all of Ramirez’s symptoms and alleged damages were related to her pre-existing osteoarthritis, which was not worsened by the accident.
Superior Court of San Bernardino County, San Bernardino, CA

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