Rebecca Marie Gabrielle Plourde v. Hector Ramirez, and Does 1 to 20
Published: Feb. 4, 2017 | Result Date: Oct. 11, 2016 | Filing Date: Jan. 1, 1900 |Case number: 30-2015-00783403-CU-PA-CJC Verdict – Defense
Court
Orange Superior
Attorneys
Plaintiff
Peter D. Corrales
(Corrales Law Group)
Defendant
Brian R. Mason
(Raffalow Rhoads & Bretoi)
Facts
Rebecca Plourde sued Hector Ramirez in connection with a motor vehicle collision that allegedly occurred on Nov. 27, 2013.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff was stopped at the intersection when she was rear-ended by defendant's vehicle. Plaintiff was injured and sued defendant for negligence. Plaintiff contended that defendant was driving at an unsafe speed and could tell, from viewing her rearview mirror, that defendant would be unable to stop to avoid a collision. In response, she pulled her car over to the right in an effort to get out of the way. Unfortunately, defendant still ended up hitting her vehicle.
DEFENDANT'S CONTENTIONS:
Defendant denied plaintiff's characterization of the events. He contended that his speed was well below what plaintiff claimed and, as such, defendant disputed the extent of plaintiff's claimed injuries.
Settlement Discussions
Plourde demanded $25,000 in settlement, which Ramirez countered with a $5,000 offer.
Damages
Plourde sought $16,414 in past medical expenses; $2,100 in past lost earnings; and $37,616 for pain and suffering.
Injuries
Plourde was "jolted" from her seat, causing her head to strike the headrest. As a result, she injured her spine and aggravated her prior back and neck conditions as well as her history of panic attacks and anxiety. She underwent chiropractic treatments. She also saw a neurologist and an orthopedist to address her spinal injuries. Plaintiff claimed her pain was so great that she could not participate in her daily activities.
Result
The jury rendered a verdict in favor of Ramirez.
Other Information
FILING DATE: April 20, 2015.
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