Case details

Plaintiffs claimed defendant attempted left turn on red arrow





Result type

Not present

ankle, chest, fracture, fusion, sternum
On Aug. 13, 2009, at approximately 2 p.m., plaintiff Cecilia Acosta, an unemployed 49 year old, was driving her 2005 Acura RSX with her daughter, plaintiff Julie Acosta, 24, a student and part time employee at Mountain View Public Library, as a front seat passenger. As they were traveling on eastbound Capital Expressway, approaching the intersection with Snell Avenue in San Jose, the front of their vehicle collided with the front of a 1999 Toyota Sienna operated by Chim Nguyen. Cecilia Acosta sustained to her right ankle, while Julie Acosta sustained to her chest. The Acostas sued Nguyen, alleging that the defendant was negligent in the operation of his vehicle. Cecilia Acosta claimed since the day of the accident that her light was green and that as she approached the intersection, Nguyen, who was stopped at a red light in the westbound direction of Capital Expressway, suddenly attempted a left turn onto southbound Snell Avenue. She claimed the lighting sequencing proved that her light was green and that Nguyen must have been facing a red arrow when he negligently decided to turn left in front of her. Nguyen claimed at the scene that the light must have changed, but later claimed that the Acostas’ light was red., The Acostas were both taken by ambulance to Regional Medical Center in San Jose. Julie Acosta sustained a fractured sternum and complained of soft-tissue to her chest as a result of her seat belt. However, she claimed that all of her complaints have since resolved. Julie Acosta also claimed that she had billed medical costs of $59,718 and waived medical costs of $56,517.19. Cecilia Acosta sustained a fracture of the right ankle. She subsequently underwent four surgeries, including a fusion on Sept. 17, 2009, Sept. 15, 2011, Aug. 23, 2012, and Dec. 20, 2012. She claimed residual restriction of her ankle’s range of motion during walking, residual pain in her ankle/foot, and lack of mobility in her ankle. Cecilia Acosta also claimed that she had billed medical costs of $320,511 and paid medical costs of $141,263.44.
Superior Court of Santa Clara County, Santa Clara, CA

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