Case details

Tractor-trailer crash caused injuries to head and spine: plaintiff





Result type

Not present

back, brain, brain injury, bulging disc, cognition, concussion, head, lumbar head, mental, psychological, traumatic brain injury
On March 1, 2017, plaintiff Robert Kidd, 55, an executive, was heading to work, driving on westbound State Route 60, also known as the Pomona Freeway, in Diamond Bar. When he was just east of the Grand Avenue overpass, a tractor-trailer operated by Alberto Martinez, who was traveling in the lane next to Kidd, merged into Kidd’s lane and struck the driver’s side his sedan, where Kidd was seated. Kidd claimed to his head, back and neck. Kidd sued Alberto Martinez and Alberto Martinez’s employer, Ma De Jesus Martinez Villafuerte, who was doing business as M & J Trucking. Kidd alleged that Alberto Martinez was negligent in the operation of his vehicle and that Villafuerte was vicariously liable for Alberto Martinez’s actions while in the course and scope of his employment. The defendants conceded liability for the collision., Kidd claimed that he sustained a bulging lumbar disc, sprains and strains of his back and neck, and a mild traumatic brain injury in the form of a concussion. However, Kidd went to work after the accident and first sought chiropractic treatment approximately 80 days later. Kidd claimed that he suffers memory loss and difficulty processing. He contended that as a result, he has difficulty working, sleeping and doing normal activities, but he did not lose any income. Defense counsel disputed the nature and extent of Kidd’s , noting that Kidd waited about 80 days to seek treatment and only sought chiropractic treatment. As a result, counsel asserted that Kidd did not have a head injury and only sustained soft tissue , if anything. However, defense counsel asserted that Kidd’s alleged were most likely related to another tractor-trailer accident, which occurred approximately five months after the subject incident.
Superior Court of Riverside County, Riverside, CA

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