Case details
Plaintiff was traveling too fast in middle of road, defense argued
SUMMARY
$72999
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
back, finger, fracture, neck, soft tissue, sprains shoulder hand, strains
FACTS
On June 26, 2011, plaintiff Sergio Camacho, 44, a handyman, was riding an off-road bike downhill on Maple Springs Trail in Silverado Canyon. While coming around the corner on a left turn, Camacho collided with a Jeep operated by Cameron Johnson, who was traveling uphill on Maple Springs. Camacho claimed to his left pinky, neck, lower back, and right shoulder. Camacho sued Johnson and the owner of the vehicle, Edward Stapf, Johnson’s grandfather. Camacho alleged Johnson was negligent in the operation of the Jeep and that Stapf was vicariously liable for Johnson’s actions. Stapf was ultimately dismissed from the case at the beginning of trial. Camacho claimed that he was traveling at a reasonable speed at the time of the accident, making a blind left turn, when Johnson approached on the wrong side of the road causing the head-on collision. He further claimed Johnson failed to honk his horn before the approaching the turn in the trail. Defense counsel contended that Camacho was traveling in the middle of the road when the accident occurred and, furthermore, that he was traveling too fast. Counsel further contended that a friend of Camacho, who was riding an off-road bike with him, gave a statement to the responding police officer and that attributed fault to Camacho., Camacho was taken from the scene of the accident by ambulance and brought to an emergency room. He sustained a fracture of his left pinky, which was surgically treated later that year. Camacho also claimed to his neck, lower back, and right shoulder. He was recommended epidural injections and surgery for the to his back and shoulder. Camacho claimed general physical limitations due to his injured pinky, which affected his work, activities and hobbies. Thus, he sought $48,000 in past medical costs and $127,000 in future medical costs. He also sought $350,000 in damages for his pain and suffering if future medical costs were awarded and $650,000 in damages for his pain and suffering if future medical costs were not awarded, since he allegedly would continue to be in pain for the rest of his life. Defense counsel argued that Camacho’s neck, lower back, and right shoulder were not causally related to the accident. Counsel also argued that Camacho’s alleged future medical costs for epidurals and surgeries were not necessary at the time since Camacho had yet to try conservative treatment for his , such as physical therapy or chiropractic care.
COURT
Superior Court of Orange County, Santa Ana, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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