Kristen Baldwin v. Miriam Ortiz, Alex Ortiz
Published: Mar. 5, 2011 | Result Date: Oct. 19, 2010 | Filing Date: Jan. 1, 1900 |Case number: 30-2009-00120781-CU-PA-CJC Verdict – $4,352
Court
Orange Superior
Attorneys
Plaintiff
Kyle J. Scott
(Kyle Scott Law, PLC)
Defendant
Tioni A. Phan
(Gilsleider, McMahon, Molinelli & Phan)
Experts
Defendant
Stephen L.G. Rothman M.D.
(medical)
Kevin J. Triggs
(medical)
Facts
Kristen Baldwin was driving westbound on West Ball Road in Anaheim when she was involved in a collision with a sport utility vehicle driven by Miriam Ortiz, who was traveling northbound on South Harbor Boulevard. The front of Baldwin's vehicle struck the rear passenger side of Ortiz's.
Contentions
PLAINTIFF'S CONTENTIONS:
Baldwin filed suit against Ortiz and her husband, the vehicle's co-owner, alleging motor vehicle negligence. Baldwin contended that Ortiz ran a red light, causing the accident, and that her husband was vicariously liable. Baldwin further alleged that after being stopped at a red light, she waited two seconds after the light turned green and proceeded straight. Baldwin contended that her friend in the passenger seat began screaming after seeing Ortiz's oncoming SUV when she was almost halfway through the intersection. Baldwin claimed she was traveling between 5 and 10 mph and that Ortiz was driving about 40 mph.
DEFENDANTS' CONTENTIONS:
Ortiz alleged that she proceeded through the intersection during a light that was yellow after she approached the first line of the traffic stop, and that she did not notice the color of the light after crossing the second line. Ortiz contended that she had to swerve to avoid the collision and that Baldwin was the cause of the accident after she entered the intersection early.
Damages
Baldwin sought damages for $11,802 in past medical costs, $8,000 to $12,000 for future medical costs, as well as $30,000 for pain and suffering.
Injuries
Baldwin claimed she suffered neck and back pain and was diagnosed with whiplash, undergoing chiropractic treatment. She was later diagnosed with disc bulges, chronic lower back pain, cervicalgia, and avascular necrosis of the capital femoral epiphysis.
Result
The jury found Ortiz 70 percent liable and awarded Baldwin $4,352.
Deliberation
6.5 hours
Length
four days
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