Case details

Plaintiffs claimed rear-ender caused back and neck injuries





Result type

Not present

back, neck
On Dec.10, 2011, plaintiff Vidal Martinez, 19, was operating his vehicle with plaintiff Judith Martinez, 15, as a front seat passenger. When they were at the intersection of Donovan Road and Thornburg Street, in Santa Maria, their vehicle was rear-ended by a vehicle operated by Andres Cortes. Mr. and Ms. Martinez each claimed soft-tissue to their neck and back. Mr. and Ms. Martinez sued Andres Cortes and the believed owner of the vehicle, Sergio Cortes. Mr. and Ms. Martinez alleged that Andres Cortes was negligent in the operation of his vehicle and that Sergio Cortes was vicariously liable for Andres Cortes’ actions. The Martinezes claimed that Andres Cortes was speeding, traveling at 35 mph, and not paying attention to the traffic ahead. Andres Cortes alleged that he was going 15 mph., An ambulance took Mr. and Ms. Martinez to Marian Regional Medical Center, in Santa Maria, where they were X-rayed and discharged. Five days later, they began chiropractic treatment with their treating chiropractor. After 19 visits, the chiropractor discharged Mr. and Ms. Martinez, noting that they had both fully recovered two months after the accident. Mr. and Ms. Martinez acknowledged that they have recovered from their . Thus, they sought recovery of past medical costs and general damages for their past pain and suffering. Defense counsel argued that the plaintiffs’ past medical costs, as billed by Marian Medical Center, were excessive and that the plaintiffs’ chiropractic treatment was unnecessary.
Superior Court of Santa Barbara County, Santa Barbara, CA

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