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Personal Injury
Multiple Automobile Accident
Rear-End Collision

Krystal Diaz v. Jay Frerking, Cynthia Frerking and Trevor Frerking

Published: Oct. 1, 2016 | Result Date: Mar. 17, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 37-2014-00037327-CU-PA-NC Verdict –  $334

Court

San Diego Superior


Attorneys

Plaintiff

Aran J. Wong
(Coast Law Group LLP)


Defendant

Brian R. Mason
(Raffalow Rhoads & Bretoi)


Facts

Krystal Diaz sued Jay Frerking, Cynthia Frerking, and Trevor Frerking, in connection with a motor vehicle collision that occurred on Dec. 20, 2012.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff was driving northbound on Escondido Freeway when her vehicle as rear-ended by defendant T. Frerking. She was injured as a result and sued T. Frerking as well as his parents, Cynthia and Jay Frerking, alleging negligence and vicarious liability.

DEFENDANTS' CONTENTIONS:
Defendant T. Frerking claimed he could not stop in time to avoid a collision, but that the collision was a slow, low-impact collision as he was driving at a speed of no more than five miles per hour. Defendant also disputed the extent of plaintiff's claimed injuries and the necessity for her treatments.

Settlement Discussions

Diaz made a CCP 998 demand of $15,000; The Frerkings made a CCP 998 offer of $3,500.

Damages

Diaz sought $16,365 in past medical expenses and $99 in past lost wages.

Injuries

Diaz injured her neck and back, which she treated with a chiropractor and physical therapy. She received trigger point injections to address the pain and other treatment.

Result

Cynthia and Jay Frerking were eventually let out of the case. The jury rendered a verdict in favor of Diaz and awarded her $334 in total damages, which included $99 in past lost earnings and $235 in past medical expenses.

Other Information

FILING DATE: Oct. 31, 2014.


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