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Personal Injury
Auto v. Auto
Red Light

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

J. Shaffer Smith

Claudia A. Smith


Defendant

Jay Nunez


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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