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Personal Injury (Vehicular)
Automobile Accident
Broadside Collision

Marie Ross & Cynthia Fajardo v. Santa Ana Motor Parts, et al.

Published: Nov. 11, 1995 | Result Date: Oct. 20, 1995 | Filing Date: Jan. 1, 1900 |

Case number: 634278 –  $0

Judge

Richard F. Toohey

Court

Orange Superior


Attorneys

Plaintiff

Keith M. Krupka

Todd J. Bloomfield


Defendant

Douglas M. DeGrave
(Poliquin & DeGrave LLP)


Facts

On March 15, 1990, Plaintiffs Cynthia Fajardo (driver) and Maria Ross (passenger) were riding together in an automobile that was struck in a broadside collision by Ramon Penuelas when he ran a red light. Defendant Santa Ana Motor Parts was listed by the DMV as the buyer of Penuelas' car pursuant to a notice of sale. The certificate of ownership/pink slip was not in Defendant's name. The case was bifurcated at Defendant's request; liability was tried first. At the time of the collision, Plaintiff Cynthia Fajardo was a 50-year-old social worker and Plaintiff Maria Ross was a 41-year-old manager; both were employed by Carevisions for Kangaroo Kids.

Settlement Discussions

Plaintiffs contend they demanded $500,000 and Defendant made no offers.

Specials in Evidence

$34,000 (Marie Ross) $74,000 (Cynthia Fajardo) not claimed

Injuries

Cynthia Fajardo: multiple traumatic injuries including cerebral concussion, abrasion and contusion of the nose and a comminuted nasal fracture; blunt chest trauma, cardiac arrhythmia, premature ventricular contractions; gross hematuria, multiple abrasions, and contusions; she underwent 3 surgical procedures. Maria Ross: multiple injuries including chest trauma with 6 fractured ribs; pneumo pericardium; loosened and fractured 3 front teeth; damage to the cartilage in the left knee; neck, chest, and back pain; and figromyalgia; treatments and/or surgeries were not disclosed.

Other Information

This case was filed on October 9, 1990; five years and eleven days prior to this result.

Deliberation

4 hours

Poll

10-2

Length

7 days


#116996

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