Case details

Plaintiff: Intersection crash caused shoulder and spine injuries





Result type

Not present

back, neck, shoulder, soft tissue
On March 12, 2015 plaintiff Josefina Valdivia, 61, a packer of small items for a company, was driving on eastbound Paxton Street when her mid-size vehicle entered the intersection with Herrick Street and was struck on the left side, toward the front of the vehicle, by a mid-size vehicle operated by Carol Perez, who was entered the intersection from southbound Herrick Street. Valdivia claimed to her neck, back and a shoulder. Valdivia sued Perez and the owner of Perez’s vehicle, Aurora Maldonado. Valdivia alleged that Perez was negligent in the operation of her vehicle and that Maldonado was vicariously liable for Perez’s actions. Valdivia claimed that she stopped for a red light at the intersection and that when the light turned green, she entered the intersection. As a result, she claimed that Perez entered the intersection against a red traffic signal and was 100 percent liable for the broadside crash. Perez claimed that Valdivia entered the intersection on a yellow light for her direction of travel. As a result, defense counsel argued that Valdivia was comparatively negligent for failing to yield the right of way to Perez’s vehicle, which was already within the intersection., Valdivia claimed she sustained soft tissue to her neck, a shoulder and her back. She was not seen at a hospital following the collision, but she later treated with chiropractic care. Valdivia also claimed that she suffered emotional distress as a result of the incident. Plaintiff’s counsel noted that Valdivia’s vehicle was determined to be a total loss as a result of the crash. Valdivia sought recovery of $4,015 in past medical cost. She also sought recovery of damages for her past and future pain and suffering. Defense counsel denied that Valdivia sustained any .
Superior Court of Los Angeles County, Van Nuys, CA

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