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Personal Injury
Multiple Automobile Accident
Rear-End Collision

Linda M. Fuentes, Ricardo Fuentes v. David E. Gregg, Kenneth R. Gregg, Angel F. Cantu, Hertz Equipment Rental Corporation

Published: Nov. 27, 2010 | Result Date: Jun. 18, 2010 | Filing Date: Jan. 1, 1900 |

Case number: 06AS03740 Verdict –  Defense

Court

Sacramento Superior


Attorneys

Plaintiff

Euell E. McKown III


Defendant

Tiza S. Thompson

David E. Erickson


Experts

Plaintiff

Fred Orcutt
(medical)

M. Kevin McRae
(technical)

Martin Melicharek
(medical)

Stephen L. Plourd
(technical)

Adele Mitchell
(medical)

Lorene O'Hare
(medical)

Todd S. Bissell
(Todd S. Bissell APLC) (medical)

Defendant

Bahram Benharim Chehrazi
(medical)

Facts

On Oct. 13, 2004, Linda Fuentes was traveling northbound on Highway 99 in Lodi, when her vehicle was struck from behind by a vehicle driven by David Gregg.

Contentions

PLAINTIFFS' CONTENTIONS:
Fuentes filed suit against Gregg, the owner of the vehicle, Kenneth Gregg, as well as Angel Cantu and his employer, Hertz Equipment Rental Corporation, alleging motor vehicle negligence and vicarious liability. Fuentes claimed that Cantu merged into her lane as he entered the freeway, causing her to brake quickly and Gregg to rear-end her car, pushing it into Cantu's truck.

DEFENDANTS' CONTENTIONS:
The defense denied liability and causation.

Damages

Fuentes sought $85,252.60 in medical expenses, as well as $89,874 in wage loss, and damages for pain and suffering. Fuentes' husband sought loss of consortium damages.

Injuries

Fuentes claimed she sustained herniated discs, and underwent cervical spine discectomy and fusion in April 2005. In September 2007, Fuentes underwent a lumbar spine hemilaminectomy and foraminotomy. She also received physical therapy and epidural steroid injections.

Result

The jury rendered a verdict for the defense.

Deliberation

1.5 hours

Length

eight days


#104102

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