Case details

Rear-end crash caused injuries to shoulder and spine: plaintiff




Mediated Settlement

Result type

Not present

head, headaches neck, impairment, sensory, speech, vision
At around 6 a.m. on Sept. 3, 2013, plaintiff David Ballesteros, 49, an insulator, was exiting U.S. Route 101, also known as the Ventura Freeway, at the exit for Van Nuys Boulevard, in Los Angeles, when he came to a complete stop. While stopped, his vehicle was rear-ended by a Freightliner tractor-trailer operated by Daniel Carrillo. The impact caused Ballesteros’ vehicle to collide with the vehicle in front of him. He subsequently claimed to his left shoulder, neck and back. Ballesteros sued Carrillo; Carrillo’s employer, 99 Cents Only Stores LLC; and the owner of the Freightliner, Ryder Truck Rental LT. Ballesteros alleged that Carrillo was negligent in the operation of the tractor-trailer and that 99 Cents Only Stores and Ryder Truck Rental were vicariously liable for Carrillo’s actions., After the collision, Ballesteros complained of pain in the neck; upper, middle and lower back; left shoulder; left upper and lower leg; and left knee. He also claimed that he experienced blurry and double vision, dizziness, and headaches. He was subsequently taken by ambulance to a hospital. Ballesteros initially treated conservatively with injections and physical therapy. However, when he continued to experience significant pain, he eventually underwent several surgeries, including a left shoulder arthroscopy on April 24, 2014, a lumbar fusion at the L5-S1 level on April 4, 2016, and a cervical fusion at the C4-5, C5-6 and C6-7 levels on Aug. 29, 2016. Ballesteros also underwent two surgeries to repair hernias, which he claimed he developed from the medication he was taking for his alleged accident-related . The surgeries were performed on Nov. 13, 2014 and on July 26, 2016. However, he presently has a hernia that will require an additional surgery.
Superior Court of Los Angeles County, Los Angeles, CA

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