Case details

Plaintiffs’ vehicle caused crash by swerving into lane: defense





Result type

Not present

anxiety, mental, psychological
On April 1, 2010, plaintiff Evan Avery, a warehouse worker in his 20s, was driving in the middle lane of Interstate 215, a three-lane highway in San Bernardino, with the front passenger seat occupied by plaintiff Ebony White, a retail worker in her 20s who was five months pregnant. When a hit-and-run accident occurred with vehicles in front of them, the vehicle directly in front of them started to brake. As a result, Avery swerved to the left to avoid colliding with the vehicle in front of him, but in doing so, he pulled in front of Nancy Sellers, who was traveling in the left lane and who was also starting to brake along with the other vehicles on the Interstate as a result of the prior accident. When Avery attempted to go between Sellers’ vehicle and the vehicle in front of Sellers’ vehicle in the left lane, Sellers rear-ended Avery’s vehicle. As a result, Avery’s passenger, White, claimed she suffered spinal and anxiety. Avery and White sued Sellers, alleging that Sellers was negligent in the operation of her vehicle. Avery did not appear at trial and was ultimately dismissed from the case. White claimed that Sellers was driving too fast and was following the vehicle in front of her too closely. Sellers claimed that she would have been able to stop and avoid the collision, if Avery did not attempt to go between her vehicle and the vehicle in front of her., White was taken by ambulance to the hospital that cared for her during her pregnancy with the twins. As a result, the hospital kept her under observation for two days, but could not do an MRI of her spine due to the pregnancy. White claimed she suffered soft-tissue cervical and lumbar as a result of the accident. Although she did not follow up for her , White wore a cervical collar for six weeks and she claimed she was concerned for her twins throughout the remainder of the pregnancy. She alleged that because she would not know if the twins were injured until they were born, she developed anxiety. White claimed that she still has pain in the lumbar levels of her spine. Defense counsel argued that White’s alleged were not consistent with her not seeking follow up care.
Superior Court of San Bernardino County, San Bernardino, CA

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