Case details

Plaintiff claimed neck injury caused by rear-end accident





Result type

Not present

head, left elbow, neck
In February 2012, plaintiff Pedro Rodriguez, 39, a laborer, was on his way to work, driving on westbound Interstate 580, in Pleasanton, when he was rear-ended by a truck operated by Enmanual Parada. Rodriguez claimed he injured his neck. Rodriguez sued Parada; Parada’s employer, Business Solutions Transport, LLC; and the truck owner, Penske Truck Leasing Corp. Rodriguez alleged that Parada was negligent in the operation of the truck and that Business Solutions Transport and Penske Truck Leasing were vicariously liable for Parada’s actions. Penske Truck Leasing was ultimately dismissed from the case, and the remaining defendants conceded liability., Rodriguez claimed he sustained a cervical disc herniation. He was subsequently taken to by ambulance to an emergency room, where he complained of pain to his neck, head, and left elbow. Rodriguez claimed that his neck pain persisted until he underwent a two-level cervical fusion two years after the incident. All treatment was done on a lien. Rodriguez was a native of Mexico, fluent in Spanish, and worked as a laborer, laying concrete for a living. However, he did not pursue a claim for lost wages. Rodriguez claimed that he continues to have occasional neck pain, but still works full-time in order to support his family. Defense counsel disputed Rodriguez’s , arguing that Rodriguez only had a sprain that should have resolved within six to eight weeks. Defense counsel also disputed Rodriguez’s alleged need for surgery and the cost of medical care.
Superior Court of San Francisco County, San Francisco, CA

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