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Personal Injury
Auto v. Auto
Rear-End Collision

Jose Alvarado, Cristina Alvarado, Eva Castro v. Marisol Molina

Published: Dec. 28, 2013 | Result Date: Sep. 25, 2011 | Filing Date: Jan. 1, 1900 |

Case number: CIVDS1107199 Verdict –  Defense

Court

San Bernardino Superior


Attorneys

Plaintiff

Joseph A. Faccone Jr.
(McElfish Law Firm)


Defendant

Johnathan D. Cloud
(Law Office of Johnathan D. Cloud)


Experts

Plaintiff

George Elias
(medical)

Barbara Stanfield
(medical)

Ralph N. Steiger
(medical)

Defendant

John C. Gardiner
(technical)

Facts

On July 1, 2010, plaintiff Jose Alvarado was driving with plaintiffs Cristina Alvarado and Eva Castro as his passengers. They stopped at the 215 freeway off ramp at Second Street in San Bernardino, when plaintiffs' car was rear-ended by defendant Marisol Molina. Jose, along with Cristina and Eva Castro sued Molina.

Defendants moved to dismiss plaintiff Eva Castro due to her absence at trial.

Contentions

DEFENDANT'S CONTENTIONS:
Molina admitted liability but disputed the nature and extent of plaintiffs' injuries.

Specials in Evidence

Jose: $4,658 for orthopedic treatment and physiotherapy; Eva: $10,515; Cristina: $2,295.

Injuries

Jose Alvarado alleged he suffered long-term back injuries and short-term soft tissue neck injuries. Eva Castro alleged she suffered long-term soft tissue neck and back injuries. Cristina Alvarado alleged she suffered short-term soft tissue neck and back injuries.

Result

The jury found in favor of the defendant and against Jose Alvarado on his complaint, but found in favor of Cristina Alvarado on her complaint. The jury awarded Cristina $2,295. Defendant's motion to dismiss Eva Castro was granted with prejudice.

Other Information

POST-TRIAL: Defendant was awarded costs of suit, including expert witness fees, in the amount of $10,551. FILING DATE: June 8, 2011.

Length

three days


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