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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