Case details
Plaintiff claimed rear-ender caused spinal injuries
SUMMARY
$9000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
head, headaches
FACTS
On May 1, 2010, plaintiff Josie Padilla, an unemployed 58 year old, was in her Plymouth Neon, stopped at a stoplight, behind traffic on Shaw Avenue in Fresno, when her vehicle was rear-ended by a Mitsubishi crossover vehicle operated by Louisa Casados. Padilla claimed to her neck, back and arms. Padilla sued Ms. Casados and the owner of the Mitsubishi, Mario Casados. Padilla alleged that Ms. Casados was negligent in the operation of her vehicle and that Mr. Casados was vicariously liable for her actions. Mr. Casados was ultimately dismissed at trial for a waiver of costs. Ms. Casados conceded liability., On the evening of the accident, Padilla presented to an urgent care facility in Fresno, which made an initial diagnosis, but referred her to a chiropractor. A week later, she presented to a chiropractor, who diagnosed her with soft-tissue spinal to her neck and back. Padilla also complained of headaches and bilateral arm pain as a result of her . She subsequently underwent treated with the chiropractor until Sept. 24, 2010. Despite undergoing chiropractic treatment, Padilla claimed she still suffers spinal and arm pain. She alleged that as a result, she has problems with household chores and duties. Thus, Padilla sought recovery of $6,936.25 for her chiropractor bills and $198 for her urgent care bill. She also sought recovery of $1,006.75 for the property damage to her vehicle. Defense counsel argued that Padilla could not have been injured in the accident because the force was not sufficient to cause . Counsel contended that even if Padilla had , they would have been attributable to a subsequent slip-and-fall accident she had on Oct. 10, 2010. Thus, defense counsel argued that the subsequent slip-and-fall incident was the cause of Padilla’s alleged continuing problems.
COURT
Superior Court of Fresno County, Fresno, CA
Similar Cases
Negligent tire repair caused serious rollover crash: family
AMOUNT:
$375,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Steep, winding road caused multiple truck crashes: plaintiffs
AMOUNT:
$32,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Dangerous highway caused fatal multiple vehicle crash: suit
AMOUNT:
$18,681,052
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Applicant claimed future care needed after fall from roof
AMOUNT:
$3,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Roofer claimed he needs future care after fall from roof
AMOUNT:
$6,000,000
CASE RESULT:
Plaintiff won
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
- Show More
- Show Less
CATEGORY:
Personal Injury
Plaintiff: Improperly trained delivery personnel caused injuries
AMOUNT:
$4,875,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury