Case details

Plaintiff turned into passing vehicle, causing crash: defense





Result type

Not present

elbow, epicondylitis
On Nov. 15, 2010, at approximately 11 a.m., plaintiff Alvin Oliver, 50, a self-employed plumber, was driving on Illinois Avenue in Riverside. Oliver claimed he was attempting a left turn into a customer’s driveway when the front driver side corner of his vehicle collided with the rear passenger side corner of a passing vehicle, operated by Maria Montenegro. Oliver claimed to his right elbow and left side of his body. Oliver sued Montenegro and her husband, Apolinar Montenegro, the owner of the vehicle. Oliver alleged that Mrs. Montenegro was negligent in the operation of her vehicle and that Mr. Montenegro was vicariously liable for his wife’s actions. Oliver contended that Mrs. Montenegro was not paying attention to his left turning vehicle, which had established it was making the maneuver into the subject driveway. He also claimed Mrs. Montenegro was traveling at an unsafe speed and made an unsafe maneuver to the left, into oncoming traffic. Mrs. Montenegro contended that Oliver was negligent in causing the accident. She claimed that Oliver had pulled all the way over to the right, so she anticipated that Oliver was going to park when she attempted to pass the vehicle on the left., A few days after the accident, Oliver went to an urgent care facility with complaints of right elbow and left side pain. He was subsequently diagnosed with epicondylitis, also known as tennis elbow, of his right elbow. Oliver received minimal physical therapy, and ultimately underwent an elbow decompression release on Nov. 26, 2012. Oliver alleged ongoing right elbow pain following the surgery. As a result, he claimed that he will need possible revision surgery. Thus, Oliver sought recovery of $182,000 in total damages, including roughly $50,000 in past medical costs and an unspecified amount of damages for his pain and suffering. Defense counsel argued that Oliver’s testimony, and that of his medical provider, lacked credibility for any proof of injury or need for surgery.
Superior Court of Riverside County, Riverside, CA

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