Case details

Plaintiffs struck by out-of-control driver claimed injuries





Result type

Not present

right knee, soft tissue
On the early evening of March 11, 2011, plaintiff Michael Viera was driving with his wife, plaintiff Pamela Viera, in a Lexus in Ventura County. As he accelerated onto an entrance ramp near Lynn Road, to continue onto northbound U.S. 101, also known as the Ventura Freeway, his Lexus was struck by a sport utility vehicle driven by Jenna Marie Kerr, a minor who lost control while allegedly traveling at 65 to 70 mph on the northbound freeway. After losing control, the SUV flew down onto the entrance ramp, struck the Vieras’ Lexus, and flew 4 feet off the ground before rolling into a ditch. The Vieras both claimed from the accident. Mr. and Mrs. Viera sued Jenna and the owner of the SUV, Brent Kerr. The Vieras alleged that Jenna was negligent in the operation of her vehicle and that Brent Kerr was vicariously liable for Jenna’s actions., Mr. Viera claimed he injured his right knee in the accident. He ultimately underwent surgery 2.5 years later, in Santa Barbara. Mrs. Viera claimed that she sustained soft-tissue to her cervical spine. She ultimately underwent surgery three years after the accident, at the University of California, San Francisco Medical Center, in San Francisco. Defense counsel asserted that the impact was insufficient to cause the alleged injury to Mr. Viera’s knee. Counsel also asserted that Mrs. Viera’s cervical were due to long-standing degeneration and were not causally related to the crash.
Superior Court of Ventura County, Ventura, CA

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