Case details
Plaintiff: Collision caused loss of elbow’s range of motion
SUMMARY
$500000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
arm, elbow, emotional distress, face, fracture, humerus, mental, nerve damage, neurological, neuropathy, nose, psychological
FACTS
On Nov. 7, 2016, plaintiff Francisco Manzanero, 26, a school’s admissions counselor, was driving northb on Interstate 805, also known as the Jacob Dekema Freeway, in San Diego. He was involved in a head-on collision with a vehicle operated by Bud Mohler. Prior to the collision, Mohler was headed in the opposite direction. However, he was driving against traffic, heading south on northbound I-805, after consuming alcoholic beverages. When he was near the merge with Interstate 5, also known as the San Diego Freeway, he collided with a bridge underpass. His vehicle rolled into Manzanero’s vehicle, crushing the front of Manzanero’s vehicle and its roof. Manzanero’s vehicle then veered off the roadway and went down an embankment. Mohler died in the accident, and Manzanero sustained of an arm, a hand and his face. Manzanero sued Mohler’s estate, alleging that Mohler was negligent in the operation of his vehicle after consuming alcohol. The defendant eventually stipulated to liability close to the trial date., Manzanero sustained fractures of the left elbow’s distal humerus and two fingers. He also sustained contusions to his face and body with glass becoming embedded in his face. Manzanero ultimately underwent an arthroscopic debridement of the left elbow with capsular release months after the accident. Manzanero claimed that he suffers from a loss of range of mobility in his left elbow, which he alleged will be lifelong, and ongoing neuropathy, which will potentially require a spinal cord stimulator. He also claimed that the collision caused significant emotion distress because of the head-on nature of the collision. Manzanero alleged that he will lose significant future income as a result of leaving the workforce early due to his . Defense counsel asserted that Manzanero’s residual were not as severe as alleged and that the alleged future treatments were not reasonable or medically necessary. Counsel also asserted that Manzanero would not lose any future income as a result of his .
COURT
Superior Court of San Diego County, San Diego, CA
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