Case details

Plaintiff claimed knee injuries after her parked car was struck





Result type

Not present

knee, meniscus, tear
On the morning of Dec. 12, 2009, plaintiff Jason Flores, 29, a California Highway Patrol officer, pulled over to the shoulder of southbound Interstate 15 in Corona to assist a stranded motorist during a torrential downpour. Both vehicles remained parked on the shoulder, with Flores 50 yards behind the stranded motorist, as they waited for a tow truck. At approximately 9 a.m., a moving van tractor-trailer, which was operated by Robert Good, approached the vehicles. Good attempted a lane change from the right lane into the middle lane, but had to swerve back to his right to avoid an oncoming vehicle. The maneuver caused the van’s trailer to jackknife into the driver’s side of Flores’ vehicle, Flores’ right knee and causing cuts and bruises. Flores sued Good and his employers, which owned the van, McNaughton Bros Inc., Allied Vans Lines Inc., and Sirva Inc. Flores alleged that Good was negligent in the operation of his vehicle, and that McNaughton, Allied and Silva were each vicariously liable for his actions. The State Compensation Insurance Fund was a lien claimant in the case. Flores claimed that Good made an unsafe lane change maneuver in severe weather conditions, which caused his van’s trailer to jackknife into his vehicle. The defendants initially contended that the accident was unavoidable, but ultimately admitted liability., Flores was taken from the scene of the accident by ambulance and brought to an emergency room. He sustained a torn meniscus and chondromalacia of his right knee, as well as bruises and cuts to his left side. Flores returned to work after a few weeks, but stopped after four months due to his right knee condition. He attempted physical therapy, but he claimed his condition did not improve and underwent arthroscopic surgery to his right knee on May 6, 2011. Flores then underwent five months of physical therapy after the surgery, as well as Synvisc injections to his right knee. In October 2009, Flores returned to work. He claimed he is mostly recovered from his injury, with only occasional aches and pains. However, the plaintiff’s orthopedic surgeon contended that Flores may require a full right knee replacement in the future. Thus, the plaintiff claimed $75,000 in past medical bills (of which $7,532 was paid). He also sought recovery of $70,000 in damages for his past lost earnings and an unspecified amount of damages for his pain and suffering. Defense counsel disputed Flores’ need for future knee surgery. Counsel also argued that that plaintiff had a prior knee injury from a training accident, which required surgery to repair the anterior cruciate ligament.
Superior Court of Riverside County, Riverside, CA

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