Brenda Mendez, Diana Carmona- Baez v. Adriana Martinez, San Diego Medical Transport
Published: Feb. 12, 2011 | Result Date: Apr. 19, 2010 | Filing Date: Jan. 1, 1900 |Case number: 37-2009-00081919-CU-PA-CTL Settlement – $1,030,000
Court
San Diego Superior
Attorneys
Plaintiff
Timothy A. Scott
(McKenzie Scott PC)
Gerald B. Singleton
(Singleton Schreiber, LLP)
Defendant
Facts
On Jan. 6, 2009, an ambulance van operated by Adriana Martinez, which was owned by San Diego Medical Transport, broadsided a vehicle driven by Diana Carmona-Baez. Brenda Mendez was a passenger in Carmona-Baez's vehicle. Mendez suffered severe injuries and Carmona-Baez also suffered injures that were moderate in nature. Mendez and Carmona-Baez filed an action against Martinez and San Diego Medical Transport, alleging motor vehicle negligence and vicarious liability.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs claimed that Martinez drove the ambulance in a negligent manner and that her employer should be held liable. Further, plaintiffs presented a video that showed Martinez running a red light while Carmona-Baez drove into an intersection.
DEFENDANTS' CONTENTIONS:
Defendant Martinez argued that she was not driving in the scope of her employment, and instead, she was driving home at the time of the accident.
Damages
Plaintiff Mendez sought $849,615.62 in past medical expenses, and plaintiff Carmona-Baez sought $40,940.44 in past medical expenses. Both requested damages due to pain and suffering.
Injuries
The plaintiffs' injuries included back and neck injuries, coma, facial laceration, leg fracture, pelvis fracture, head injury, liver laceration, pulmonary contusion, soft-tissue injuries, and torn aorta. Physical therapy was required.
Result
The parties settled for $1,030,000. As against San Diego Medical Transport, Mendes was given $912,000 and Carmona-Baez was given $88,000. As to Martinez, each plaintiff was given $15,000.
Other Information
Zurich insured San Diego Medical Transport, and Progressive Casualty Insurance Co. insured Martinez.
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