Sendra Contreras v. Stephen Domingue
Published: Aug. 6, 2016 | Result Date: Apr. 1, 2016 | Filing Date: Jan. 1, 1900 |Case number: S-1500-CV-280801 Settlement – $1,500,000
Court
Kern Superior
Attorneys
Plaintiff
Neil K. Gehlawat
(Taylor & Ring LLP)
David K. Cohn
(Chain Cohn Stiles)
Defendant
C. Douglas Fitz-Simmons
(Mark R. Weiner & Associates)
Experts
Plaintiff
Alan P. Moelleken M.D.
(medical)
Jan Roughan R.N.
(medical)
Defendant
John M. Larsen
(medical)
Nancy F. Michalski R.N., BSN
(Elevate Services Inc.)
(medical)
Facts
On July 17, 2012, plaintiff Sendra Contreras was on her way home from a family function. She was traveling on westbound 24th St. approaching Buck Owens Blvd. and coming to a stop for traffic at the red light. Defendant Stephen Domingue was also traveling westbound on 24th St. behind plaintiff's vehicle, when he rear-ended her vehicle.
Plaintiff filed suit against Domingue and his employer, Mason Specialty Tools LLC.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant failed to slow his vehicle and collided with the rear end of plaintiff's vehicle. The force of the impact was sufficient to push plaintiff's vehicle in the rear end of the vehicle in front of her. Defendant was found to be at fault by the Bakersfield Police Dept. for violation of California Vehicle Code section 22350, unsafe speed for prevailing conditions.
Specials in Evidence
53,229 518,892
Damages
The life care analysis reduced to present value totals $1,071,924.
Injuries
Immediately following the collision, plaintiff was taken by ambulance to Kern Medical Center with complaints of pain to her abdomen, left hand, neck, thoracic and lumbar spines. Plaintiff reported having to decrease her activities since the accident. A doctor advised plaintiff that she was a candidate for microlumbar decompression and would require ongoing care consisting of orthopedic follow up visits, medication, and imaging, nerve conduction studies of the lower extremities, acupuncture, physical therapy and chiropractic treatment. While plaintiff had a history of back injury and degenerative lumbar spine condition before the accident, the nature of her symptoms changed fairly dramatically as a result of this accident, therefore this accident has exacerbated her lumbar spine disease and hastened the need for surgery and the need for early medical retirement. Her leg symptoms started only after this accident and her back pain worsened since the accident. A doctor recommended a spinal cord stimulator as prior attempts at symptom relief have been unsuccessful and plaintiff cannot tolerate pain medications. She will have some pain and limitations for the rest of her life.
Result
The case settled for $1.5 million.
Other Information
FILING DATE: Nov. 22, 2013.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390