Case details

Rear-ender caused back and neck injuries, plaintiff claimed





Result type

Not present

back pain, neck, soft-tissue injuries
On Aug. 10, 2013, plaintiff Veronica Montelongo, 48, was driving on southbound Interstate 680, near the exit for Mission Boulevard, in the Mission Creek section of Fremont, when she stopped for traffic and was rear-ended by a vehicle operated by Rachel Williams. Montelongo claimed of the neck and back. Montelongo sued Williams, claiming that Williams was negligent in the operation of her vehicle. Specifically, Montelongo claimed that Williams failed to keep a proper lookout and was traveling at approximately 55 mph at the time of impact., Montelongo claimed she sustained soft tissue to her neck and back. She was subsequently taken by ambulance to a local emergency room, where she complained of pain in her neck and back. As a result, she underwent X-rays and was discharged with instructions to follow up with her doctor. Montelongo was ultimately diagnosed with soft tissue to her neck and back, and she underwent a course of physical therapy. Montelongo claimed that despite treatment, she suffers from residual pain and limitations in performing activities of daily living. Thus, Montelongo sought recovery for her past and future medical costs, and recovery of damages for her past and future pain and suffering. Her husband, Edward Montelongo, presented a derivative claim, seeking recovery for his loss of consortium. Defense counsel asserted that Ms. Montelongo did not sustain any injury in the subject crash and that Ms. Montelongo’s were pre-existing. Counsel noted that Ms. Montelongo had been involved in three prior automobile accidents and one prior workers’ compensation claim where she made neck and back complaints.
Superior Court of Alameda County, Alameda, CA

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