Jose A. Lopez-Rivera, Juan Lopez v. Consuelo Morales
Published: Oct. 18, 2019 | Result Date: Apr. 9, 2019 | Filing Date: Dec. 2, 2016 |Case number: BC642593 Verdict – $165,702
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Geoffrey S. Hickey
(Ardalan & Associates PLC)
Mark K. Drew
(Ardalan & Associates PLC)
Defendant
Cleidin Z. Atanous
(Law Office of Cleidin Z. Atanous)
Facts
Jose A. Lopez-Rivera and Juan Lopez filed suit against Consuelo Morales in relation to a motor vehicle collision, which occurred on Dec. 11, 2014 in North Hills.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that Lopez-Rivera was driving and Lopez was seated in the passenger's seat when their vehicle was rear-ended by a vehicle driven by Morales. Plaintiffs contended Morales negligently operated her vehicle and was liable for their injuries.
DEFENDANT'S CONTENTIONS: Morales admitted liability for the collision but contended that plaintiffs' injuries were pre-existing. Morales argued that Lopez-Rivera had a workers' compensation claim for a back injury six months before the subject incident, evidencing that the injury was pre-existing and Lopez-Rivera's surgery was not related to the subject incident.
Settlement Discussions
Plaintiffs made a demand for $25,000. Defendant made no offer.
Damages
Lopez-Rivera sought past and future medical costs and damages for past and future pain and suffering.
Injuries
Lopez-Rivera alleged he suffered a herniated disc, received two injections to his lumbar spine, and underwent a lumbar discectomy.
Result
Lopez settled the matter prior to trial. The jury found Morales' negligence was a substantial factor in causing Lopez-Rivera's injuries, and awarded him damages of $165,702.25 in past medical costs.
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