Fernando Torres v. Isabel Chavez Orozco
Published: Oct. 12, 2013 | Result Date: Jul. 10, 2013 | Filing Date: Jan. 1, 1900 |Case number: 37-2012-00095621-CU-PA-CTL Verdict – $15,000
Court
San Diego Superior
Attorneys
Plaintiff
Eugene G. Bruno
(Law Offices of Eugene G. Bruno PC)
Defendant
Roger L. Popeney
(Hartsuyker, Stratman & Williams-Abrego)
Experts
Plaintiff
Tyson M. Perez
(medical)
Defendant
Brian J. Killeen
(medical)
Facts
On Aug. 22, 2011, Fernando Torres was driving in National City when he broadsided a vehicle operated by Isabel Orozco. Orozco had been making a left turn into a driveway.
Torres sued Orozco.
Contentions
PLAINTIFF'S CONTENTIONS:
Torres argued that Orozco had been negligent in the operation of her vehicle, because she had only checked the left lane before attempting to make a turn. As a result, Orozco had not checked the far right lane, and did not clear all traffic before attempting to make a left turn. A police report confirmed that Orozco had admitted to not making sure the right lane was clear.
DEFENDANT'S CONTENTIONS:
Orozco argued that Torres was comparatively at fault for the accident, because Torres should have noticed that another driver had stopped to let Orozco pass.
Damages
Torres sought $5,663 in medical costs and $28,000 for pain and suffering.
Injuries
Torres was treated for neck and back pain, which he later treated with chiropractic care.
Result
The jury found that Orozco was 100 percent at fault and awarded Torres $15,663. The parties settled post-trial for $15,000, defendant's policy limits.
Deliberation
five hours
Poll
12-0
Length
three days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390