Case details

Plaintiff struck by rolling car claimed bodily injuries





Result type

Not present

back, lower back, neck, neurological, radiculopathy, shoulder, shoulder impingement
On Jan. 2, 2010, plaintiff Florencia Mercado, 68, was a passenger in a 2009 Ford Expedition that was parked in a shopping center parking lot. Mercado was exiting the vehicle when an unoccupied 2006 Mazda 6 rolled back and collided with the Expedition’s passenger door, pinning her inside the door. There was $1,707 in property damage to the left door of the Expedition and Mercado claimed to her body from the accident. Mercado sued the previous driver of the Mazda, Thomas Ott. Ott had exited his vehicle and gone to eat at a restaurant within the shopping center. It was later confirmed by a deputy of the Ventura Sheriff’s Department that Ott failed to secure his vehicle with the parked gear, as it was left in neutral. Thus, plaintiff’s counsel contended that Ott’s negligent action caused the accident. Ott did not dispute liability., Mercado sustained neck and lower back pain, and left upper and lower extremity pain and numbness. She was diagnosed with cervical and lumbar radiculopathy, multilevel lumbar degeneration with disc herniations, and facet hypertrophy. She was also diagnosed with subacromial bursitis in both shoulders, left shoulder impingement, and trochanteric bursitis and a contusion of the left hip. Mercado ultimately underwent two surgeries on the left shoulder. Mercado claimed $101,437.35 in past medical bills and $160,000 in future medical billing to have a neck fusion. She also sought recovery of damages for her pain and suffering.
Superior Court of Ventura County, Ventura, CA

Recommended Experts


Get a FREE consultation for your case