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Personal Injury
Auto v. Auto
Intersection Collision

Mauricio Medrano and Dina Medrano v. Ricardo Roque and Does 1 through 5

Published: Nov. 4, 2006 | Result Date: Aug. 14, 2006 | Filing Date: Jan. 1, 1900 |

Case number: LC 07336 Bench Decision –  $34,520

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Jeffrey G. Thomas


Defendant

John C. Wallace


Experts

Plaintiff

Russell W. Nelson M.D.
(medical)

Defendant

Leon Brooks
(medical)

Facts

Plaintiff Mauricio Medrano was driving through an intersection when defendant Ricardo Roque's car struck plaintiff's car on the left side. Plaintiff filed suit for negligent operation of a motor vehicle.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that he had entered the intersection on a green light, and that defendant's car had struck his vehicle after defendant ran a red light. Plaintiff sought medical treatment from a chiropractor and orthopedic surgeon after the accident. The orthopedic surgeon diagnosed him with a possible herniated disc. Plaintiff's original orthopedics expert was unavailable to identify the possible herniation at trial, and so plaintiff substituted a second expert. Plaintiff also presented the report of a radiologist who had originally read plaintiff's MRI results for the first orthopedic expert.

DEFENDANT'S CONTENTIONS:
Defendant claimed plaintiff was at fault for the accident. His expert orthopedist contested plaintiff's herniated disc claim. Defendant emphasized that the radiologist's report failed to identify evidence of a possible herniated disc in the MRI.

Specials in Evidence

Plaintiff requested $10,000 to $15,000 in past medical expenses. Plaintiff also sought future medical costs.

Damages

Plaintiff sought an unspecified amount for his pain and suffering.

Injuries

Plaintiff claimed a possible herniated disc and his spouse also filed a claim for loss of consortium.

Result

The judge found defendant liable for the collision and awarded plaintiff $34,620 in general damages.

Other Information

The judge ruled that plaintiff had failed to carry his burden of proof on the issue of future medical expenses. He also stated that he could not see the herniation in the MRI films. Plaintiff's counsel had not prepared a powerpoint presentation of the MRI because the radiologist's report did not identify a herniation.


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