Case details

Plaintiff claimed driver’s unsafe U-turn caused collision





Result type

Not present

back, cervical, lumbar, neck, sprain, strain
On Nov. 17, 2010, plaintiff Maritza Garcia, 27, a mortgage agent, was operating her vehicle on northbound Ventura Road, near Wagon Wheel Road in Oxnard, when her vehicle collided with a vehicle operated by Bert Ryan. Garcia claimed to her back and neck. Garcia sued Ryan, alleging the defendant was negligent in the operation of his vehicle. Specifically, Garcia claimed that Ryan attempted a negligent and illegal U-turn in front of her vehicle, while within a construction zone, causing the collision. Ryan disputed liability. He claimed Garcia was 100-percent at fault for attempting to pass his vehicle by driving into oncoming traffic and striking his vehicle., At the accident scene, Garcia complained of head and chest pain. She later sought her own aid at an urgent care facility on the evening of the incident. Five days later, on Nov. 22, 2010, Garcia sought chiropractic care for cervical and lumbar pain, and was diagnosed with cervical and lumbar sprains and strains. However, diagnostic MRIs of the neck and back were unremarkable for positive findings. Garcia ultimately made a full recovery by time of trial. Garcia sought recovery of $6,686 in past medical costs, $480 in loss of earnings and $5,000 in past general damages. The medical reports and bills for Garcia’s chiropractic treatment and MRI were submitted to the court, pursuant to C.C.P. § 998 declaration. Defense counsel argued that Garcia’s alleged were not causally related to the accident.
Superior Court of Ventura County, Ventura, CA

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