Case details

Plaintiffs claimed defendant ran red light and caused crash

SUMMARY

$250000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
cervical, neck, strain
FACTS
On Aug. 18, 2010, at approximately 2:35 p.m., plaintiff Freddy Flores, 25, a records coordinator, was driving north on Avocado Avenue in Newport Beach with his wife, plaintiff Mary Flores, 27, a pharmacy assistant, as a front seat passenger. After stopping for a traffic light at the intersection with Pacific Coast Highway, they proceeded into the intersection after the traffic light phased to green with the intention of going straight. However, their vehicle was struck on the passenger side by a vehicle operated by Susan Stalzer. As a result, Mr. Flores sustained neck and Mrs. Flores sustained pelvic . Mr. and Mrs. Flores sued Stalzer and the owner of Stalzer’s vehicle, Bruce Tagle. Mr. and Mrs. Flores alleged that Stalzer was negligent in the operation of her vehicle and that Tagle was vicariously liable for for Stalzer’s actions. Tangle was ultimately dismissed from the case completely. Mr. and Mrs. Flores claimed that Stalzer failed to stop for a red light signal on Pacific Coast Highway prior to entering the intersection. Thus, they claimed that Stalzer caused the collision. Defense counsel contended that Stalzer suffered from undiagnosed epilepsy, which was later confirmed by her neurosurgeon. Stalzer claimed she had lost consciousness before reaching the intersection and was unable to stop her vehicle before impact. She noted that she is a physician and had been diagnosing herself with anxiety medication for a period of time before the accident due to the exact same symptoms that would later be confirmed as being related to epilepsy. However, Stalzer claimed that she had never experienced a loss of consciousness before or after the accident, but that she would sometimes experience panic attacks and that what she experienced on the day of the accident must have been a partial complex seizure. In response, plaintiffs’ counsel contended that Stalzer neither sought treatment at the scene nor mentioned her loss of consciousness to anyone until over a year after the accident, when it was revealed that Stalzer suffered from epilepsy. Thus, counsel asserted that Stalzer did not lose consciousness or, if she did, she did not properly diagnose herself., Mrs. Flores sustained multiple non-displaced pelvic fractures and soft tissue to her spine. She was subsequently rushed to a hospital via ambulance. In addition, Mrs. Flores claimed she suffered $10,608.50 in past wage loss due to the time she missed from work during her recovery. Mr. Flores sustained soft-tissue to his spine, including a neck strain. The plaintiffs claimed that their total past medical expenses amounted to approximately $50,000. Defense counsel contended that much of Mrs. Flores’ care was chiropractic and that her ongoing pain management needs were exaggerated.
COURT
Superior Court of Orange County, Newport Beach, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case