Sonia Nelson, Dragos Negoescu v. Marco Antonio Sanchez, Sanchez Family Corporation
Published: May 6, 2017 | Result Date: Feb. 9, 2017 | Filing Date: Jan. 1, 1900 |Case number: CIVVS1202206 Verdict – $1,436,760
Court
San Bernardino Superior
Attorneys
Plaintiff
Araksya Boyadzhyan
(Mgdesyan Law Firm)
George G. Mgdesyan
(LA Lawyers)
Defendant
Thomas M. Butler
(Law Offices of Muhar, Garber, Av & Duncan)
Facts
Sonia Nelson and Dragos Negoescu sued Marco Sanchez and the Sanchez Family Corp., in connection with a motor vehicle collision that allegedly occurred on May 9, 2010 in Victorville.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiff Nelson was driving along Roy Rogers Dr. with plaintiff Negoescu in the front passenger seat when they were broadsided by defendant's vehicle as defendant exited the Home Depot parking lot. Plaintiff's vehicle spun out a few times, hit two trees, and finally came to a stop on a sidewalk. Plaintiffs were injured as a result and sued defendants for negligence and vicarious liability.
DEFENDANTS' CONTENTIONS:
Defendants disputed the extent of plaintiff Nelson's claimed injuries and the necessity of treatments she received.
Settlement Discussions
Defendants offered to settle the dispute for $250,000.
Injuries
Nelson injured her back and spine, which included nerve impingement, sprains and strains on her spine. She also suffered from pain that radiated from her neck down to her back and lower extremities. Also as a result of the accident, Nelson aggravated her pre-existing depressive condition. Nelson treated with chiropractic care and physical therapy. When those did not help, she underwent injections to her spine and, eventually, a lumbar fusion. However, the fusion failed, requiring revision surgery and continued treatment with an orthopedist. Nelson continued to experience pain and discomfort on her back and legs. She also suffered from limited range in her lower back. Overall, Nelson occasionally needed the use of a cane to move about and was unable to work due to her injuries.
Result
Negoescu eventually settled with defendants and the matter proceeded to trial only on Nelson's claims against defendants. Ultimately, the jury found in Nelson's favor, finding that Sanchez's negligence was a substantial factor in causing her harm. It awarded Nelson $1.4 million in damages, including $218,466 in past medical expenses, $75,000 in future medical expenses, $91,390 in past lost earnings, $451,700 in future lost earnings, $175,200 in past pain and suffering, and $425,000 in future pain and suffering.
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