Case details

Plaintiff: Truck collision caused shoulder and neck injuries





Result type

Not present

back, eyes, hand, left shoulder, neck, right arm, right knee
On May 7, 2011, at approximately 2:00 p.m., plaintiff Jose Estrada, 56, was operating his trailer truck in the scope of his employment on Anaheim Street, in Los Angeles. While driving at approximately 35 miles per hour, his truck was struck by Carlos Zuniga-Salazar’s tractor-trailer. Estrada claimed to his neck, back, and left shoulder. Estrada sued Zuniga-Salazar and Zuniga-Salazar’s employer, New World Drayage Inc. Estrada alleged that Zuniga-Salazar was negligent in the operation of his truck and that New World Drayage was liable for Zuniga-Salazar’s actions. Estrada claimed that Zuniga-Salazar swerved into his lane, causing the collision between the two vehicles. Plaintiff’s counsel contended that Zuniga-Salazar violated California Vehicle Code § 22107, which reads, “no person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided in this chapter in the event any other vehicle may be affected by the movement.” Counsel contended that video footage from a nearby business showed that Zuniga-Salazar made a left turn, striking Estrada. However, the police department allegedly lost or misplaced the video, and it was never recovered. As a result, the content of the video was testified to during depositions by the police officer who responded to the scene. Defense counsel asserted that Estrada intruded into the Zuniga-Salazar’s lane and was the sole cause of the collision. Counsel also disputed the alleged contents of the video, asserting that the officer’s testimony was inadmissible., Estrada claimed that he sustained to his neck, back, and left shoulder. Specifically, he claimed to his lumbar spine at the L4-5 and L5-S1 levels. He also claimed he suffered a partial tear of the left shoulder’s rotator cuff. Estrada ultimately underwent a cervical fusion and an arthroscopic procedure on his left shoulder. Estrada sought recovery of past and future medical costs. He claimed that his future medical care was dependent on his recovery from the cervical fusion, so various potential outcomes were considered, ranging from little care to substantial pain management care and additional surgery. Estrada also sought recovery for his pain and suffering. Defense counsel asserted that Estrada’s were not causally related to the accident. Counsel also disputed the nature and extent of the future medical care alleged by Estrada.
Superior Court of Los Angeles County, Los Angeles, CA

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