Case details

Plaintiff: Rear-end collision caused by speeding defendant





Result type

Not present

back, head, headaches chest, lower back, neck
On Feb. 2, 2011, plaintiff Troy Torres, 49, was operating his Ford F150 pickup truck in the number one lane on southbound State Route 99, near Lodi, when traffic ahead of him, just north of Kettleman Lane, began to slow. As a result, Torres attempted to slow down, as well, and had to turn partially into the safety lane/center divide. His truck was then rear-ended by a Chevy Trailblazer operated by Maria Manzo. Torres claimed to his lower back, neck and head. Torres sued Manzo; the believed owners of her pickup truck, Maria Olaez and Dawn Olaez; and another motorist involved in the accident, Casey Freitas. Torres alleged that Manzo and Freitas were negligent in the operation of their respective vehicles and that Maria and Dawn Olaez were vicariously liable for Manzo’s actions. Freitas claimed she was driving a Nissan Altima in the number one lane, behind a non-party vehicle, when she noticed Manzo approaching from the number two lane. She claimed Manzo then came across the number one lane and struck the non-party vehicle, which caused her to attempt to slow down, but she also struck the non-party vehicle. Freitas was ultimately dismissed from the subject case. In addition, Maria and Dawn Olaez were also dismissed. Torres claimed Manzo was traveling at an unsafe speed and made an unsafe lane change, causing the accident. Manzo claimed she was behind Torres’ truck when she noticed him slowing down. She claimed she also tried to slow down, but her vehicle spun out and struck the center divider., Torres was transported from the scene of the collision by American Medical Response and brought to the emergency room of Dameron Hospital, in Stockton, with complaints of abdominal pain, rib pain, lower chest pain and right knee pain. Upon arrival, Torres was triaged for left-sided chest pain, neck pain, back pain, abdominal pain, and shoulder pain. A physical examination revealed chest tenderness interiorly on the left side, abdominal tenderness, paraspinal tenderness in his mid-back, and tenderness to palpation over his glenohumeral joint. Diagnostic studies were obtained of Torres’ chest and abdomen/pelvis to rule out fractures/dislocations and/or internal bleeding. After review of these studies, Torres was assessed with contusions and discharged from care with pain medication. On Feb. 6, 2011, Torres presented to a chiropractor with unresolved lower back, neck, and head pain with headaches. She subsequently began a course of chiropractic treatment, which consisted of infrared heat and myofascial trigger point manual therapy. Torres ultimately completed treatment on Feb. 28, 2011, after six visits.
Superior Court of San Joaquin County, San Joaquin, CA

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