Case details

Plaintiff claimed neck fracture from defendant’s unsafe turn

SUMMARY

$100000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
cervical, fracture, neck
FACTS
On May 15, 2011, plaintiff Cruz Linares, 56, a janitor, was driving on eastbound Tweedy Boulevard in South Gate when his vehicle was struck by a vehicle operated by Anthony Percy Arajuo, who was attempting a right turn from southbound on Alexander Avenue onto Tweed Boulevard. Linares claimed head and back . Linares sued Arajuo and the owner of Arajuo’s vehicle, Bertha Tovar. Linares alleged that Arajuo was negligent in the operation of his vehicle and that Tovar was negligent in the entrustment of her vehicle to Arajuo. Plaintiff’s counsel contended that Arajuo was approaching the intersection with Tweedy Boulevard when he made an unsafe turning maneuver in violation of Vehicle Code § 22107, which caused the collision. Counsel also contended that an investigating officer noted that Arajuo showed signs of intoxication and administered field sobriety tests, which Arajuo failed. Thus, Arajuo was deemed to have caused the accident due to his level of intoxication and having made the unsafe right hand turn in violation of Vehicle Code §§ 22107 and 23152(a)., Linares sustained a C2 hangman’s fracture. He also claimed post-traumatic headaches. Linares subsequently underwent approximately $25,461.43 worth of medical treatment. Linares was not able to immediately return to work after the accident. Thus, he claimed approximately $9,000 in lost earnings.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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