Carrie Schultz v. Leticia Cardoso, Sean Gregory
Published: Oct. 18, 2014 | Result Date: May 8, 2013 | Filing Date: Jan. 1, 1900 |Settlement – $100,000
Facts
On June 16, 2012, claimant Carrie Schultz and her family were leaving Girls Scout Night at the Angels Baseball game in Anaheim. Respondents Leticia Cardoso and Sean Gregory, who also attended the baseball game, left the stadium at the same time as claimant. Gregory drove Cardoso's vehicle. While traveling on Orangewood Ave. outside of the stadium, Gregory rear-ended claimant's vehicle. Gregory was found to be under the influence of alcohol by the Orange Police Department.
Contentions
CLAIMANT'S CONTENTIONS:
Claimant alleged that respondents consumed alcohol to the point of impairment at the game. Claimant argued that Cardoso entrusted Gregory to drive her vehicle.
Specials in Evidence
$58,129 $2,000
Injuries
Claimant claimed she had pain in her neck and back and also numbness and tingling in the shoulders and arms. She also claimed massive headaches with neck pain at the base of her skull from muscle spasms, and double vision. Claimant was diagnosed as suffering from multiple herniated discs in the cervical and thoracic spine, as well as a post-traumatic dural fluid leak. An MRI revealed that her cerebral spinal fluid was low, with pressure at barely a 1. Normal pressure would be within 10-15. Claimant claimed she had to be admitted to the hospital for intravenous fluid treatment and a comprehensive MRI of her cervical, thoracic and lumbar spine, as well as an MRI and MRA of the brain. This MRI confirmed a bulging disc at T11-12 with severe canal stenosis. The bulging disc resulted in a torn dura (the lining of the spinal column) and the resulting leakage of cerebral spinal fluid. A blood patch was done. Claimant was ordered to remain on flat bed rest for the following three weeks.
Result
Third party liability claim settled for $25,000 policy limits with State Farm. UIM claim settled for $75,000 differential policy limits with State Farm.
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