Case details
Plaintiffs over-dramatized U-turn accident, defense argued
SUMMARY
$543
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
back, elbow injuries, neck, right wrist
FACTS
On Feb. 12, 2012, plaintiff Stephanie Duran, a caregiver in her 20s, was driving on Merrill Avenue, in Fontana, with her husband, plaintiff Jason Duran, an IT support technician in his 20s, in the front passenger seat. At approximately 9:30 a.m., they collided with the driver side of a vehicle operated by Bogar Sanchez, who was attempting a U-turn from their right on Merrill Avenue. Mrs. Duran claimed neck, back, and right wrist . Mr. Duran claimed neck, back, and left elbow . The Durans sued Sanchez, alleging the defendant was negligent in the operation of his vehicle. The Durans claimed that Sanchez made an illegal, wide U-turn in front of their vehicle, which was sudden and unexpected. Thus, they claimed that Sanchez’s unsafe action caused the crash. Sanchez admitted liability for the accident, and the matter proceeded to a trial on damages only., After the accident, the Durans went home, but then followed up at an urgent care facility later that day. Mrs. Duran claimed soft-tissue strains and sprains of her neck and back, as well as an airbag burn injury to her right wrist. Mr. Duran claimed soft-tissue strains and sprains to his neck and back, as well as a hyperextended left elbow. They both subsequently followed up with a chiropractor one week later and treated through June 2012. Mrs. Duran then went to another chiropractor in August 2013, claiming residual lower back pain. Mrs. Duran claimed that she continues to suffer residual lower back pain and will require further treatment. Mr. Duran claimed that he missed 40 hours of work due to his chiropractic care and that his hyperextended elbow took roughly one year to heal and gain full strength. The Durans both claimed their respective back and neck limited their playing with their children and affected their ability to pick up their toddler. Thus, Mrs. Duran sought recovery of approximately $24,000 in total damages, including roughly $5,500 in past medical costs, $1,400 in future medical costs, and an unspecified amount of damages for her pain and suffering. Mr. Duran sought recovery of approximately $20,000 in total damages, including roughly $5,500 in past medical costs, up to $900 in past lost earnings, and an unspecified amount of damages for his pain and suffering. Defense counsel disputed the plaintiffs’ alleged and damages, arguing that the Durans overtreated their . Counsel contended that the Durans each received unnecessary treatment and that their medical bills were inflated. Counsel also contended that the Durans were referred for massages and muscle relaxers at the urgent care facility, but chose to pursue unnecessary chiropractic care instead. Defense counsel concluded that the Durans suffered minor soft-tissue , went home from the accident scene with no need for an ambulance, and over-dramatized the accident, in which they were able to walk out of the car on their own power.
COURT
Superior Court of San Bernardino County, San Bernardino, CA
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