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Personal Injury
Auto v. Auto
Broadside Collision

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

Scott Fikes

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


#118343

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