Case details

Plaintiff claimed turning driver’s failure to yield caused collision

SUMMARY

$323300

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
annular tear, back, bulging disc, lumbar, neck
FACTS
On Aug. 5, 2015, plaintiff Ana Hernandes, 26, a nail technician, was driving east on Alondra Boulevard, in Santa Fe Springs. When she entered the intersection with Freeway Drive, her vehicle was struck almost head-on by a vehicle that was operated by Eca Farhan Alenezy. Hernandes suffered to her chest, abdomen, right ankle, right thumb and lower back. Hernandes, whose name was initially listed as “Hernandez” on the complaint, sued Alenezy and the owners of Alenezy’s vehicle, Alenezy’s employers, Enterprise Rent-A-Car Company of Los Angeles LLC and EAN Holdings, LLC, which was doing business as Enterprise Rent-a-Car. Hernandes alleged that Alenezy was negligent in the operation of his vehicle and that Enterprise and EAN Holdings were vicariously liable for Alenezy’s actions. The matter ultimately continued against Alenezy only. Plaintiff’s counsel contended that the subject intersection was controlled by a traffic light and that Alenezy was westbound on Alondra Boulevard, which had a “left turn must yield” sign, as there was no left-turn arrow. Counsel also contended that Alenezy attempted to make a left turn at the intersection and that Alenezy should have yielded the right of way to Hernandes, who was approaching the intersection. Defense counsel noted during closing arguments that Hernandes’ child was in the car at the time of the accident. Counsel argued that as a result, Hernandes was negligent and should have been more aware of her surroundings., Hernandes sustained sprains and strains to her chest, abdomen, right ankle and right thumb. She also sustained a 2 millimeter bulging lumbar disc at the L4-5 level with an annular tear and an aggravation of a lumbar disc bulge at the L5-S1 segment. Hernandes was immediately taken to a hospital, where she was treated and released. She then underwent chiropractic care and imaging, had a pain management consult, and received one epidural injection. She was also recommended surgery at the L4-5 level. Hernandes claimed she still deals with residual lower back pain, which is at its worse when she sits longer than 30 minutes. However, she admitted that all of her other had resolved. Hernandes alleged that she will need to undergo a discectomy to treat her continued lower back pain. Hernandes sought recovery of past and future medical costs, past lost earnings, and damages for her past and future pain and suffering.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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