Cristina Hernandez v. Maria Theresa Yonker
Published: Nov. 8, 2008 | Result Date: Sep. 23, 2008 | Filing Date: Jan. 1, 1900 |Case number: 37-2007-00056191-CU-PA-NC Verdict – $100,000
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Gerald Alexander M.D.
(medical)
Defendant
Raymond M. Vance M.D.
(medical)
Facts
On Oct. 6, 2005, at approximately 6:30 a.m., plaintiff Cristina Hernandez, a 49-year-old housekeeper was traveling southbound on Melrose Drive through its intersection with Canon Road in Oceanside. Defendant Maria Theresa Yonker ran a red arrow and made a left turn in front of the plaintiff who was traveling at 45 mph. The right front of plaintiff's vehicle struck the right passenger side of defendant's vehicle.
Contentions
DEFENDANT'S CONTENTIONS:
The defendant admitted liability but disputed the nature and extent of the plaintiff's alleged injuries.
Settlement Discussions
The plaintiff made a C.C.P. section 998 demand for $50,000 (policy limits). The defendant offered $13,000.
Injuries
The plaintiff claimed that she had a 4 mm disc bulge in the lower back, which was asymptomatic prior to the accident. The collision caused the disc condition to become symptomatic and resulted in radiating pain into plaintiff's right lower extremity. The plaintiff also suffered a neck strain.
Result
Verdict in favor of plaintiff for $100,000.
Deliberation
6.5 hours
Length
three days
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