Case details

Plaintiff: Vehicle was speeding and following too closely

SUMMARY

$500000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
cervical disc injury, neck
FACTS
On Jan. 18, 2013, plaintiff Bobbie Buciak, 46, a figure skating instructor, was driving her 2005 Audi TT in stop-and-go traffic in Oceanside when the vehicle in front of her came to an abrupt stop. After Buciak stopped behind the vehicle in front of her, a GMC van operated by Steve Quiroga rear-ended her. The impact caused minimal property damage to both vehicles, but Buciak claimed she injured her neck in the accident. Buciak sued Quiroga and the owners of Quiroga’s vehicle, Michael Arellano, West Coast Containment Inc. and All Floors Inc. Buciak alleged that Quiroga was negligent in the operation of the GMC van and that Arellano, West Coast Containment all All Floors were vicariously liable for Quiroga’s actions. Buciak claimed that Quiroga violated California Vehicle Code §§ 22350 and 21703 for speeding and following too closely, respectively. However, she acknowledged that the vehicle in front of her came to an abrupt stop, causing her to come to a rapid stop as well. Defense counsel contested liability, asserting that Quiroga could not stop in time due to Buciak’s abrupt stop., Buciak claimed she suffered soft-tissue to her neck. She did not seek treatment right away, but ultimately underwent an anterior cervical discectomy on Sept. 26, 2013. Buciak claimed that despite undergoing surgery, she can no longer work because she found her injury made it difficult to perform her physical job. Thus, she claimed she suffered a loss of earnings, but an exact amount was not calculated. Defense counsel disputed the extent of Buciak’s alleged damages and course of treatment, including the cost of care and the necessity of her surgery.
COURT
San Diego County Superior Court, North County, CA

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