Case details

Plaintiff’s Tweets contradicted serious injury claims: defense





Result type

Not present

back, bulging disc, neck, nerve impingement, nerve impingement neck, nerve impingement shoulder, neurological
On Oct. 22, 2009, plaintiff Natasha Frazier, 29, a customer service representative, was operating her 2005 Chrysler 300 on Bastanchury Road in Fullerton, when her vehicle was struck by a 1998 Ford van operated by Virginia Negrete, who was attempting to make a left turn from Bastanchury Road onto Parks Road. Frazier claimed to her back, neck and one shoulder. Frazier sued Negrete, and Negrete’s employer and the owner of her van, Sunland Educational Schools, Inc. She alleged that Negrete was negligent in the operation of her vehicle and that Sunland was vicariously liable for Negrete’s actions. Specifically, Frazier claimed that Negrete failed to yield the right of way when turning on a yellow light, as testified to by a witness. Negrete claimed that she had yielded for oncoming traffic before entering the intersection, but that Frazier ran a red light, causing the accident., Frazier was transported by ambulance from the scene and brought to a hospital. She claimed to her neck, back and one shoulder, resulting in chronic pain. She also claimed a 5-millimeter lumbar disc protrusion at L5-S1, causing impingement of the nerve roots. Frazier alleged that the prevented her from working, socializing often, exercising and pursuing a dancing career in Las Vegas shows. After missing two weeks of work, she returned for one month before claiming she was in too much pain to continue and never returned to work again. Thus, Frazier sought recovery of damages for her past and future loss of wages, as well as for her pain and suffering. Defense counsel contended that Frazier was not injured to the extent alleged. While defense counsel acknowledged that Frazier suffered soft-tissue to her neck and back, they alleged that her claim of chronic pain was fabricated. Thus, counsel argued that the damages sought were unreasonable and speculative, particularly those for a lifetime case manager, a lifetime house keeper, and a lifetime of massages and medications. Defense counsel noted that Frazier’s Facebook and Twitter postings contradicted her claims of serious injury, contending that those postings showed how Frazier was out socializing more frequently than she claimed and that she made at least four trips to Las Vegas, two of which involved her attending the Electric Daisy Carnival, a music and carnival/festival.
Superior Court of Orange County, Orange, CA

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