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Personal Injury
Auto v. Auto
Negligence

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

Terry L. Singleton

Timothy A. Scott
(McKenzie Scott PC)

Gerald B. Singleton
(Singleton Schreiber, LLP)


Defendant

Michael G. Arkin

Linda Zappe Flynn


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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