Case details

Plaintiff claimed head and spine injuries from tow truck collision

SUMMARY

$1000000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
brain, brain injury, cognition, concentration, concussion, head, headaches, impairment, mental, neck, neurological, psychological, radicular pain, radiculitis, sensory, speech, vision
FACTS
On Sept. 30, 2015, plaintiff Irene Lee, 56, a real estate salesperson, came to a complete stop on southbound Interstate 405, also known as the San Diego Freeway, in Costa Mesa, when her 2010 Lexus ES350 was rear-ended by a 2004 GMC flatbed tow truck operated by Daniel Urbano Lopez. The impact caused Lee’s vehicle to go down an embankment, and Lee claimed to her head, face, neck and lower back. Lee sued Lopez; Lopez’s employer, Big Time Towing LLC; and the owner of Big Time Towing, Beatriz Areola. Lee alleged that Lopez was negligent in the operation of the tractor-trailer and that Areola and Big Time Towing were vicariously liable for Lopez’s actions while in the course and scope of his employment. Plaintiff’s counsel contended that Lopez failed to observe the traffic stopping in front of him and that Lopez had to make a sharp, right turn to avoid rear-ending a vehicle that was coming to a stop in front of him. Lopez subsequently lost control of his vehicle, careened across the median, and collided with Lee’s vehicle. The defendants did not dispute liability., Lee sustained a concussion and complained of pain in her left eye. She also claimed that she suffered radiating neck and lower back pain, headaches, and blurry vision in her left eye. Lee was subsequently transported by ambulance to the emergency room at the University of California, Irvine Medical Center, in Orange, where she was treated and released. Lee did not undergo any treatment or surgery, but she continues to undergo occasional physical therapy. She claimed that she is left with problems with concentration and memory, as well as occasional radiating pain from her neck into her left shoulder.
COURT
Superior Court of Orange County, Orange, CA

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