Case details

Plaintiff claimed shoulder and spine injuries from rear-ender





Result type

Not present

back, cervical, emotional distress, mental, neck, psychological, shoulder, shoulder impingement, sprain, strain, thoracic
On March 13, 2010, at approximately 12:18 pm, plaintiff Sheryl McBride, 20, was stopped at a traffic signal on Ventura Road, at the intersection with Bevra Avenue in Oxnard, when her vehicle was rear-ended by a vehicle operated by Ivonne Amezquita. McBride sued Ivonne and the co-owner of the vehicle, Eladio Amezquita. She alleged that Ms. Amezquita was negligent in the operation of her vehicle and that Mr. Amezquita was vicarious liable for her actions. McBride claimed that Ms. Amezquita was negligent by following too closely and failing to stop her vehicle pursuant to California Vehicle Code § 21703. She alleged that as a result, Ms. Amezquita caused a major impact. An on-duty police officer testified to observing Ms. Amezquita’s tires screeching as she applied the brakes, before rear-ending McBride’s vehicle and pushing it 10 to 20 feet forward., Immediately following the collision, McBride was taken to the Ventura County Medical Center Emergency Room, where she was examined and rendered triage care to stabilize her spinal and shoulder . Upon her discharge, McBride was advised to immediately seek additional, follow-up medical care. The following day she was seen by her general practitioner, who prescribed medications and treatment. McBride’s doctor also advised her to see an orthopedic surgeon as soon as possible. McBride claimed that her condition worsened, even while she was on the prescribed medication and treatment. As a result, she sought the care of her expert orthopedic surgeon, who diagnosed her with acute cervical, thoracic and left shoulder . The expert subsequently prescribed additional medication, a cervical collar, MRI studies and physical therapy. The expert opined that the MRIs revealed a clear straightening of McBride’s spine from acute muscle spasms, as well as fluid in her left shoulder. McBride then began a course of therapy treatment. Over the course of the following five months, McBride was on a constant course of medications, wearing a neck brace, receiving physical therapy and several cortisone injections. She claimed she was previously healthy and a single mom, but that following the accident, she was then unable to work, care for her child or lead any semblance of a normal life for over six months. She alleged that during that time, she was in constant pain, on medication, received painful injections and physical therapy. She also alleged that her relationship with her child suffered, and that she was forced to impose on relatives and friends for assistance. McBride claimed she now has permanent residual and will be far more susceptible to re-injury, aggravation and lifelong spinal . Defense counsel argued that McBride did not suffer a serious injury in the accident, but only suffered soft-tissue , including sprains and strains.
Superior Court of Ventura County, Ventura, CA

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