Case details
Plaintiff claimed rear-ender caused cervical injury
SUMMARY
$25000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
neurological, radiculopathy
FACTS
At approximately 4:32 p.m. on Feb. 15, 2010, plaintiff Alma Martinez, 56, was driving her pickup truck south on U.S. Route 101 in Oxnard. When she was just north of the Rose Avenue off-ramp, she was rear-ended by a vehicle operated by Kevin Arias. Martinez claimed neck and back from the crash. Martinez sued Arias. She alleged the defendant was negligent in the operation of his vehicle. Specifically, he claimed that just before the collision, traffic slowed down on southbound 101 and that Arias failed to stop his vehicle in time to avoid impact. Arias did not dispute liability., Four days after the accident, Martinez presented to a chiropractor with complaints of neck and back pain and underwent chiropractic treatment. She was then referred to an orthopedist and later evaluated by a neurologist, who performed X-rays and MRIs. As a result, Martinez was diagnosed with cervical radiculopathy. She then returned to a chiropractor for followed up treatment. Martinez claimed she still experiences residual pain and discomfort in her neck and back. She also claimed general physical restrictions associated with her pain symptoms. Thus, Martinez sought recovery of $14,124.09 in damages for past medical costs, and an unspecified amount of damages for her past and future pain and suffering. Defense counsel contended that the force of the collision’s impact was too minor to cause any permanent and noted that the plaintiff’s vehicle only sustained minor damage. Thus, counsel asserted that Martinez did not sustain a serious injury in the accident and that any minor she did suffer should have healed quickly.
COURT
Superior Court of Ventura County, Ventura, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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