Case details
Rear-ender caused placenta abruption and other injuries: suit
SUMMARY
$1018000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
back, knee, lower back
FACTS
On Oct. 31, 2010, plaintiff Sofia Loomis, 37, a retired naval officer who was 34.5 weeks pregnant, was a passenger in a vehicle traveling on Hunte Parkway in Chula Vista. At approximately 8:50 a.m., while her vehicle was stopped for a red light at the intersection with Otay Lakes Road, it was rear-ended by a vehicle operated by Daniel Carrillo Lopez. Loomis suffered a partial abruption of the placenta, causing the need for an emergency Caesarean section. She also suffered strains and sprains and incontinence. Loomis sued Daniel Lopez and the owning entities of Lopez’s vehicle, Daniel Lopez’s father, Canuto Lopez, and the father’s business, South Bay Sand Blasting and Tank Cleaning Inc. Loomis alleged that Daniel Lopez was negligent in his operation of his father’s vehicle and that Canuto Lopez and Sand Bay Sand Blasting were vicariously liable for Daniel Lopez’s actions. Loomis contended that Daniel Lopez was tired as he began to drive home and that, due to fatigue, Daniel Lopez caused the accident when he failed to observe the stopped vehicles. The defendants admitted liability for the accident, and the matter proceeded to a trial on causation and damages., Loomis was rushed to a hospital from the scene of the accident. She suffered a partial abruption of the placenta, causing the need for an emergency Caesarean section. Although Loomis and her baby recovered from the surgery, Loomis suffered strains and sprains of her lower back and knees, for which she underwent six months of physical therapy. She also developed prolonged incontinence. Plaintiff’s counsel contended that numerous physicians opined that Loomis will require a sling procedure to treat her incontinence. Thus, Loomis sought $25,000 in future medical costs, and an unspecified amount of damages for her past and future pain and suffering. Defense counsel argued that Loomis’ incontinence was not a result of the accident. Thus, defense counsel suggested that the jury should only award Loomis total damages in the range of $75,000 to $100,000.
COURT
Superior Court of San Diego County, San Diego, CA
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