Sheryl McBride v. Ivonne Amezquita, Eladio Amezquita and Does 1 through 10, inclusive
Published: May 26, 2012 | Result Date: Mar. 6, 2012 | Filing Date: Jan. 1, 1900 |Case number: 56-2010-00383038-CL-PA-VTA Verdict – $13,500
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Daniel A. Capen
(medical)
Defendant
Robert M. Wilson M.D.
(medical)
Facts
Sheryl McBride was stopped at a traffic signal when she was rear-ended by a vehicle driven by Ivonne Amezquita. She suffered injuries as a result thereof and sued the driver and the co-owner of the vehicle, Eladio Amezquita, for negligence and vicarious liability.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant-driver was negligent for following too closely and in failing to stop to avoid the collision. Plaintiff further contended that an on-duty police officer testified observing defendant driver screeching as she applied the brakes, before rear-ending plaintiff's vehicle. Plaintiff further contended that the defendant's negligent caused a major impact, pushing her vehicle 10 to 20 feet forward.
Injuries
McBride was taken to the emergency room immediately following the collision. She was examined and rendered triage care to stabilize her spinal and shoulder injuries. Her condition continued to worsen even with medication and treatment. She was later diagnosed with acute cervical, thoracic, and left shoulder injuries. Over the course of her five-month treatment, she was on a course of medications, wore a brace, received physical therapy and several cortisone injections. During the time of treatment, she was in constant pain and medication, causing her relationship with her child to suffer. She now had permanent residual injuries and was more susceptible to re-injury, aggravation, and lifelong spinal injuries. Defendants disputed the extent of McBride's injuries, claiming she only suffered soft-tissue injuries, including sprains and strains.
Result
The jury found for McBride and awarded her $13,500, which included $8,500 in medical costs and $5,000 in general damages. An additional $6,500 in prejudgment interest and court costs was also awarded.
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