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Personal Injury
Auto v. Auto
Negligent Entrustment

Mark Crowder, Individually and as Guardian ad Litem for Adriana Richmond, a minor v. Jose Ruiz Ayala and Ruben Ruiz Ayala

Published: Feb. 1, 2014 | Result Date: Oct. 4, 2013 | Filing Date: Jan. 1, 1900 |

Case number: CIVMSC12-01470 Verdict –  $35,000

Court

Contra Costa Superior


Attorneys

Plaintiff

Nicholas J. Casper
(Casper, Meadows, Schwartz & Cook)

Adam M. Carlson
(Casper, Meadows, Schwartz & Cook)


Defendant

Zachary Smith
(Freeman, Mathis & Gary LLP)


Experts

Plaintiff

Steven S. Lee
(medical)

Defendant

Michael Sutro
(medical)

Facts

On July 17, 2010, Mark Crowder was driving on Longview Rd. in Antioch with his 12-year-old stepdaughter, Adriana Richmond, as a front seat passenger when they were involved in an accident. They claimed to have sustained injuries from the collision and sued the defendant driver, Jose Ramos, and the owner of Ramos' vehicle, Ruben Ayala.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs claimed that their car was hit on the side by Ramos as they entered the intersection with Contra Loma Blvd. Plaintiffs contended that Ramos did not stop at the four-way intersection, causing the collision. Plaintiffs contended that Ramos was negligent in the operation of his vehicle and that Ayala was liable for negligently allowing Ramos to drive the vehicle.

DEFENDANTS' CONTENTIONS:
Defendant contended that Crowder's injuries were not caused by the accident, but by a pre-existing degenerative condition.

Injuries

Crowder and Richmond claimed they suffered neck and back injuries. Richmond sustained whiplash-type injuries, and underwent treatment with a chiropractor. Also Crowder sustained injuries to his neck and back. He was diagnosed with lumbar and cervical disc bulges. He also received chiropractic treatment in addition to orthopedic treatment, physical therapy and two epidural steroid injections.

Result

The jury rendered a verdict for plaintiffs, and awarded them $35,000, of which Crowder received $31,500 in general damages, while Richmond received the remaining $3,500.


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