Case details
Speeding driver failed to timely react to slowing traffic: plaintiff
SUMMARY
$600000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
cervical, herniated disc, neck
FACTS
On July 25, 2017, plaintiff Julio Ortiz was driving on northbound Interstate 805, near Telegraph Canyon Road in San Diego, when his truck was rear-ended by a truck operated by Michael Garcia. Ortiz’s truck then collided with another vehicle, but the driver of that vehicle left the scene. Ortiz claimed to his neck, back and a shoulder. Ortiz sued Garcia and Garcia’s employer, the city of San Diego. Ortiz alleged that Garcia was negligent in the operation of his vehicle and that the city was vicariously liable for Garcia’s actions. Ortiz’s counsel contended that Garcia was negligent for speeding and for failing to notice that the traffic was slowing down and that Garcia’s negligence caused the collision., Ortiz claimed that he had pain to his neck and back after the collision and that he was eventually determined to be suffering from a herniated cervical disc and rotator cuff tear to a shoulder. He ultimately underwent surgery on his shoulder. However, Ortiz claimed that he will eventually require a cervical fusion and carpal tunnel surgery. Ortiz sought recovery for his past and future medical costs, past lost wages and diminished future earning potential. He also sought recovery of damages for his past and future pain and suffering.
COURT
Superior Court of San Diego County, San Diego, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
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- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
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- psychological
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- sensory
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- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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