Case details

Plaintiff’s spinal injuries should have resolved, defense argued





Result type

Not present

head, headaches
On Oct. 17, 2010, plaintiff Lorena Figueroa, 40, a certified court translator, was a passenger in a vehicle operated by her boyfriend. As they were turning right from Park Boulevard onto F Street in Downtown San Diego, the left front side of Figueroa’s vehicle collided with the right side of a vehicle operated by Carolyn Shade, who came off the 94 Freeway and was traveling west on F Street. The intersection was controlled by a traffic light and there were no independent witnesses to the collision. Figueroa claimed to her neck and back as a result of the collision. Figueroa sued Shade, alleging that the defendant was negligent in the operation of her vehicle. Despite her attorneys’ recommendation, Figueroa did not want to pursue a claim against the driver of her own vehicle. Figueroa claimed that the vehicle she was in had the green light and that Shade ran the red light, causing the crash. Shade claimed that she had a green light the whole time and was very familiar with the road. Thus, she claimed that Figueroa’s vehicle struck her when the plaintiff’s vehicle turned right against the light and swung out wide on the three lanes of traffic., Figueroa claimed soft-tissue to her back and neck, as well as headaches. She was not taken to a hospital or treated at the scene, but, instead, underwent a massage the following day. Subsequently, on Nov. 3, 2010, Figueroa saw a pain management specialist and continued with physical therapy until June 2, 2011. Figueroa claimed that her headaches resolved, but that she still suffers back and neck pain. Thus, she sought recovery of $12,000 in damages for her physician appointments. In total, plaintiff’s counsel asked the jury to award Figueroa $20,000. The defense’s expert orthopedic surgeon agreed that Figueroa should have treated her soft-tissue with a chiropractor, physical therapy or acupuncture, but opined that Figueroa’s should have resolved after two months of treatment.
Superior Court of San Diego County, Vista, CA

Recommended Experts


Get a FREE consultation for your case