Case details

Plaintiff’s alleged injuries not caused by crash: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
back, bulging disc, knee, lumbar knee, medial meniscus, tear elbow
FACTS
On July 12, 2010, plaintiff Belem Martinez, 47, a forklift operator, was driving north on South Edison Road in Bakersfield when he entered the intersection with Hermosa Road and broadsided a vehicle operated by Jesse Hathaway, who entered the intersection from eastbound Hermosa Road. Martinez claimed to his neck, back, left elbow, and left knee. Martinez sued Hathaway, alleging the defendant was negligent in the operation of his vehicle. Martinez claimed the road Hathaway was traveling on was controlled by a stop sign. Thus, he claimed Hathaway failed to yield the right of way at the subject intersection, causing the collision. Hathaway admitted liability, and the matter proceeded to a trial on causation and damages., One day after the accident, Martinez went to a chiropractor with complaints pain to his neck, lower back, left elbow, and left knee. He then treated with an orthopedist and underwent MRIs, which revealed lumbosacral disc bulges and a left medial meniscus tear. Martinez subsequently continued to treat with his chiropractor and orthopedist through April 2011. Martinez claimed he still experiences pain and discomfort in his left knee, which requires arthroscopic surgery. He also claimed minor neck and back residuals, but admitted that his elbow injury had resolved. Martinez further claimed he missed three days of work following the accident. However, he did not seek recovery for lost earnings. Plaintiff’s counsel asked the jury to award Martinez $135,183 in total damages, including damages for Martinez’s past and future medical costs and pain and suffering. Defense counsel argued that Martinez did not tear his meniscus and that, regardless, Martinez’s knee condition was not causally related to the subject accident. Instead, counsel argued that Martinez’s knee condition was caused by a prior accident in May 2010.
COURT
Superior Court of Kern County, Kern, CA

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