Stacy Arnett v. Jesus Cuevas
Published: Apr. 22, 2006 | Result Date: Feb. 14, 2006 | Filing Date: Jan. 1, 1900 |Case number: 03C03567 Verdict – Defense
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Todd Simpson
(medical)
Facts
In the morning of Dec. 2, 2002, defendant Jesus Cuevas, a 35-year-old truck driver, was driving a delivery truck in Santa Fe Springs. He came upon an intersection where he intended to turn left. When the light changed to green, he pulled to mid-intersection and then stopped to allowing oncoming traffic to clear. Plaintiffs Stacy Arnett, a 27-year-old woman, and her two minor sons ages 6 and 3, were approaching the intersection. After defendant's traffic light turned yellow and then to red, he began his left turn. Per defendant, plaintiffs entered the intersection after the light changed to red and hit his truck on the rear half of the passenger side as the truck was clearing the intersection.
Settlement Discussions
According to defendant, plaintiff Stacy Arnett demanded $33,041 and her minor sons sought $1,250 each. The demand at arbitration was $23,778 by Stacy and $595 by the minors. At trial, Stacy demanded $24,426 and Phillip demanded $1,195. Defendant's only offer was for a waiver of costs due to the denial of liability. At the arbitration hearing in October 2005, plaintiff Stacy was awarded $8,000 and the minors were awarded $250 each. Defendant filed for trial de novo.
Damages
Plaintiff Stacy Arnett sought $6,426 for chiropractic care and the MRI. Her sons claimed $195 each for chiropractic care.
Injuries
Plaintiff Stacy Arnett claimed soft tissue injuries to the neck, left shoulder, chest and back. A chiropractor diagnosed her with the following: post-traumatic hyperflexion/hypertension type injury to the cervical spine, thoracic spine and lumber spine, a lateral vertebral, paraspinal, upper trapezius, and erector spine myofascitis with associated left side cervical plexus neuritis, and left shoulder adhesive capsulitis. She received 46 sessions of chiropractic therapy from Dec. 4, 2002 to July 28, 2003. On March 11, 2003, plaintiff had a C-spine MRI. At the C3-C4, C5-C6 and C6-C7 levels, 1 mm broad-based posterior disk bulges, causing mild indentation on the anterior thecal sac, were found. Also, at the C4-C5 level, hypertrophy of the left facet joint, causing mild encroachment of the left neural foramen, was found. Plaintiff Michael Arnett, age 6, complained to his mother of some pain due to the accident. He had one examination and chiropractic manipulation. Plaintiff Phillip Arnett, age 3, also underwent an examination and a chiropractic manipulation.
Result
The jury returned a defense verdict. The jurors as a whole believed defendant that the light turned to red before he started his turn in the intersection. No post-trial motions or appeals are anticipated. Defendant agreed to waive costs in exchange for plaintiffs' waiver of post-trial motions and appeals.
Deliberation
70 minutes
Poll
9-3
Length
3.5 days
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