Facts

Aubrey Richardson filed suit against Andrew Benedek and Diana Mourato Benedek in relation to a vehicular collision involving the parties on September 12, 2016 in San Diego.

PLAINTIFF'S CONTENTIONS: Richardson contended that he was driving westbound on Sassafras Street between Kettner Boulevard and Pacific Highway in San Diego when his vehicle and a vehicle driven by Diana Benedek collided. Richardson alleged that Benedek was negligent in the operation of her vehicle and Andrew Benedek, the co-owner of the vehicle, was vicariously liable. Richardson contended that he was stopped at a limit line and moved into the right lane of two lanes to begin driving to the San Diego International Airport. Richardson claimed that Benedek's vehicle was the third vehicle in front of him, and has he drove toward an intersection, Benedek's vehicle came into his lane and sideswiped him.

DEFENDANTS' CONTENTIONS: Benedek claimed she was driving in the left westbound lane when her vehicle stopped on railroad tracks and the railroad crossing lights came on, so she checked for cars coming in the right lane, did not see any, and attempted to move into the right lane to get off the train tracks. Benedek alleged that Richardson's vehicle sideswiped her vehicle as it came up the right lane. Benedek contended Richardson was not credible because he told officers one version of events but described the incident in a different way to the jury. Benedek argued that Richardson's spinal injuries were pre-existing and not caused by the incident, and that the collision did not cause injury to Richardson's shoulder. Further, Benedek alleged that when she saw Richardson exit his vehicle after the collision, he was wearing a back brace and was coming from a chiropractic appointment scheduled to address a prior work-related back injury. As such, Benedek alleged the back injury was pre-existing even though Richardson denied having any pre-existing back injury at trial.

Damages

Richardson sought $55,000 in past medical costs, $380,000 in future medical costs, and damages for past and future pain and suffering.

Injuries

Richardson alleged he suffered herniated cervical and lumbar discs and a tear of the superior labrum in his right shoulder. Richardson underwent platelet rich plasma injections and six months of physical therapy to address his neck, back, and shoulder injuries.

Result

The jury rendered a defense verdict and found Diana Mourato Benedek was not negligent.