Alicia Castro-Moreno v. Esteban Hernandez, Valley Petroleum Equipment Inc.
Published: Jan. 14, 2017 | Result Date: Oct. 19, 2016 | Filing Date: Jan. 1, 1900 |Case number: ECU08070 Verdict – $4,881
Court
Imperial Superior
Attorneys
Plaintiff
Katherine M. Pierson
(Yeager & Pierson)
Sean D. Simpson
(Simpson Law Group)
Defendant
Sylvia S. Aceves
(Office of the San Diego County Counsel)
Facts
Alicia Castro-Moreno sued Esteban Hernandez and Petroleum Equipment Inc., involving a motor vehicle collision that allegedly occurred on May 17, 2013.
Contentions
PLAINTIFF'S CONTENTION: Defendant allegedly rear-ended plaintiff's vehicle, causing her injuries. Plaintiff sued defendant and his employer, alleging negligence and vicarious liability. Though she had been involved in an accident just a month prior, she did not sustain injuries from that crash.
DEFENDANTS' CONTENTIONS:
Defendant contended that plaintiff's vehicle sustained only minimal damage and that the subject collision did not cause her alleged injuries. Defendant contended that her ailments were caused by the prior crash.
Settlement Discussions
Castro-Moreno made a CCP 998 demand of $64,500. Defendants CCP 998 was for $6,300.
Damages
Castro-Moreno sought $42,870 in past medical expenses; $45,000 in future medical expenses; cost of repair; and past and future pain and suffering.
Injuries
Castro-Moreno tore the meniscus of her left knee, further damaging her knee. She also sustained injuries to her spine, including a nerve root impingement. She later underwent a procedure to fix her left knee. She addressed her back and neck pain with physical therapy and injections. However, despite treatment, she continued to experience pain.
Result
The jury found in favor of Castro-Moreno and awarded her $4,881, consisting of $1,768 in property damage and $3,113 in medical costs.
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