Case details
Plaintiff claimed soft tissue injuries from multiple vehicle cash
SUMMARY
$49500
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
back, neck
FACTS
On May 12, 2017, plaintiff Luz Cervantes was stopped on eastbound King Street, near the intersection with Fifth Street in San Francisco, when his vehicle was rear-ended by a vehicle operated by Joan Frost, whose vehicle was struck by a vehicle operated by Pasanio Taufa. Cervantes claimed to his neck and back. Cervantes sued Joan Frost; Pasanio Taufa (who was initially erroneously sued as “Pasanio Paufa”); and Taufa’s employer, the city and county of San Francisco. Cervantes alleged that Frost and Taufa were negligent in the operation of their respective vehicles and that the city and county of San Francisco was vicariously liable for Taufa’s actions while in the course and scope of his employment. Frost brought a separate lawsuit against Taufa and the city and county of San Francisco. Frost alleged that Taufa was negligent in the operation of his vehicle and that the city and county of San Francisco was vicariously liable for Taufa’s actions while in the course and scope of his employment. Frost was dismissed as a defendant in Cervantes’ case, and the matters were consolidated. Another individual, Hulyuan Yang, was also named as a defendant in Cervantes’ case, but Yang was also dismissed from the case early on. Frost ultimately agreed to settle her case for an undisclosed amount in August 2019. The city and county of San Francisco agreed to pay the settlement to Frost on behalf of itself and Taufa. The matter then continued with Cervantes’ claims against Taufa and the city and county of San Francisco only. Cervantes’ counsel contended that Taufa was speeding and failed to stop in time to avoid a collision. Counsel asserted that Taufa’s vehicle rear-ended Frost’s vehicle, which caused Frost’s vehicle to rear-end Cervantes’ vehicle., Cervantes claimed he sustained soft tissue to his neck and back. He was taken to a hospital, where he was treated and released. Cervantes sought recovery for his past and future medical costs, and past and future pain and suffering.
COURT
Superior Court of San Francisco County, San Francisco, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
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- psychological
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- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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