Cynthia A. McDaniel v. Eleazer Rene Smith
Published: Dec. 6, 2014 | Result Date: Jul. 9, 2014 | Filing Date: Jan. 1, 1900 |Case number: 37-2013-00046359-CU-PA-CTL Settlement – $100,000
Court
San Diego Superior
Attorneys
Plaintiff
Jeffrey M. Padilla
(O'Mara & Padilla)
Defendant
Guy T. Beasecker
(Law Offices of Kim L. Bensen)
Facts
Cynthia McDaniel filed a lawsuit against Eleazer Smith in relation to a motor vehicle accident.
Contentions
PLAINTIFF'S CONTENTIONS:
McDaniel alleged she was driving on a freeway when Smith tried to switch lanes in front of her, and hit the front of her vehicle. In addition, plaintiff alleged that defendant continued to drive for about a mile before stopping after the accident. Plaintiff also asserted that Smith informed a police officer at the scene that he did not immediately pull over because he was driving more than 60 miles per hour at the time. Plaintiff claimed defendant was driving negligently.
DEFENDANT'S CONTENTIONS:
Smith argued that plaintiff actually rear-ended his vehicle, which pushed his vehicle forward. He claimed he looked around to see what happened, but did not observe any vehicles, until his passenger said he believed a vehicle had hit them.
Injuries
McDaniel claimed she sustained lower back and neck injuries, which required decompression surgery.
Result
According to a settlement agreement, Smith paid $100,000 at the policy limit.
Other Information
FILING DATE: April 25, 2013.
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