Case details

Suit: Defendant’s collision with parked vehicle caused injuries





Result type

Not present

anterior cruciate ligament, beck, diabetic, knee, lateral meniscus, left knee, left shoulder, tear
On Jan. 30, 2011, plaintiff Teresa Penaloza, 32, a restaurant clerk, was in the process of putting her two young children, plaintiffs Carlos Licea and Alexandra Licea, ages 2 and 10, respectively, in the back seat of her car, which was parked on a public street in Buena Vista. While Penaloza was doing so, the rear of her parked vehicle was struck by a passing vehicle operated by Stan Fenn, who had lost control when he lost consciousness behind the wheel. As a result, Penaloza, who was leaning inside her vehicle, was thrown onto the sidewalk and allegedly sustained to her beck, left knee, and left shoulder. Meanwhile, her children sustained minor soft-tissue . Penaloza, acting individually and as guardian ad litem for Carlos and Alexandra, sued Fenn, alleging the defendant was negligent in the operation of his vehicle. Fenn contended that just before the accident, he suffered a diabetic seizure behind the wheel, causing his vehicle to impact the plaintiffs’ parked vehicle. Thus, he ultimately admitted liability for the accident., Penaloza, Carlos and Alexandra went from the scene of the accident to an emergency room, where they were treated and released. Upon being released from the hospital, Penaloza followed up with her family practitioner on Feb. 3, 2011. She then sought treatment with a chiropractor from Feb. 11, 2011, through June 6, 2011. Penaloza did not treat again until January 2013, when she received a cortisone injection to her left shoulder. In January 2014, Penaloza underwent MRIs on both her left shoulder and left knee. She was diagnosed with post-traumatic strains and sprains of her left shoulder with tendinosis and peritendinitis. She was also diagnosed with a remote tear of the left knee’s anterior cruciate ligament, and a horizontal tear of the left knee’s anterior horn and body of the lateral meniscus. Thus, surgery was recommended to treat both Penaloza’s shoulder and knee . Penaloza claimed she currently has difficulty walking long distances, running, playing with her children, and playing soccer. She also claimed missed two days of work after the accident and will require several months of post-surgical rehabilitation, during which time she would be out of work again. Thus, Penaloza sought recovery of $220 in past loss of earnings, $23,081.96 in past medical costs, $75,930 in future medical costs, and an unspecified amount in future loss of earnings. She also sought recovery of damages for her past and future pain and suffering. Penaloza claimed her children sustained soft-tissue sprains and strains in the accident. Alexandra subsequently treated with chiropractic care from Feb. 11, 2011, through March 15, 2011, while Carlos treated from Feb. 11, 2011, through Feb. 16, 2011. Penaloza claimed her both of her children have fully healed from their . Thus, Penaloza sought recovery of $1,717.55 in total damages for Alexandra and $330.35 in total damages for Carlos. Defense counsel disputed Penaloza’s alleged left shoulder injury, contending that it was unrelated to the accident. Counsel also disputed the amounts of the proposed future shoulder and knee surgeries.
Superior Court of Orange County, Santa Ana, CA

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