Case details

Rear-end crash caused injuries, plaintiffs claimed

SUMMARY

$21013.91

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, neck wrist, soft tissue
FACTS
On the morning of Feb. 25, 2010, plaintiff Esther Quinonez, 47, a school security guard, was driving on Woodman Street in San Diego, accompanied by her daughter, plaintiff Brenda Quinonez, 15, who was in the front passenger seat. At approximately 7:18 a.m., after Quinonez stopped at the intersection with Paradise Valley Road, her vehicle was rear-ended by a vehicle operated by Jefferson Matau. Quinonez and Brenda each claimed neck and back , while Brenda also claimed an injury to her left wrist. Esther Quinonez and Brenda Quinonez, by and through her guardian ad litem Jose Luis Fariar, sued Matau. They alleged the defendant was negligent in the operation of his vehicle. The plaintiffs contended that after stopping for traffic on Woodman Street, Matau rear-ended their vehicle. They claimed Matau was inattentive and failed to stop his vehicle in time to avoid the impact. Matau admitted liability for the accident, and the matter proceeded to trial on causation and damages., Approximately two hours after the accident, Quinonez and Brenda went to an emergency room with neck and back complaints. They each underwent X-rays and CT scans, and were prescribed medication. Brenda also suffered a sprain to her left, dominant wrist, which had to be placed in a splint. They then followed up with a chiropractor four days later and underwent three to four months of care to treat their soft-tissue . Quinonez and Brenda both claimed that their neck and back had resolved. However, Brenda claimed she still experiences pain and discomfort in her left wrist. She claimed her wrist condition has made it difficult to do pushups, which concerned her since she planned on enlisting in the army. Thus, Quinonez sought recovery of $7,614.61 in damages for her past medical costs, $22,000 to $31,000 in damages for her past pain and suffering, and $2,600 to $3,500 in damages for her future pain and suffering. Brenda sought recovery of $5,399.30 in damages for her past medical costs, $22,500 to $29,000 in damages for her past pain and suffering, and $13,000 to $17,000 in damages for her future pain and suffering. Defense counsel contested the reasonableness and necessity of the plaintiffs’ medical bills, arguing that they both overtreated with chiropractic care. Counsel also argued that the plaintiffs were owed zero damages for future pain and suffering, since their had resolved.
COURT
Superior Court of San Diego County, San Diego, CA

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