Facts

This is a significant two-vehicle accident, causing plaintiff Cecilia Ortega Arce's vehicle to rollover multiple times off the side of the freeway transition from 52 East to 805 South in San Diego. Defendant Itty Atcravi was driving his significant other's vehicle. Defendant's vehicle clipped the rear-end of Plaintiff's vehicle, causing Plaintiff's vehicle to lose control and veer off the freeway and roll several times. Plaintiff was the driver and her 8-year-old son was a passenger in Plaintiff's vehicle.
There is dispute over the facts of the accident. Defendant claimed he had established his vehicle in the lane and Plaintiff came around him in the median section at a high speed and cut in front of him clipping the front-end of his vehicle. Plaintiff claimed she had established control of the lane and was clipped from the rear by defendant. Plaintiff claimed she never saw defendant's vehicle.
There is a police report which places fault upon Defendant based on statements from parties and two independent witnesses.

Plaintiff and her son brought suit against Atcravi and the owner of the vehicle, Kathleen Stevenson alleging Atcravi was negligent in the operation of the vehicle and Stevenson was vicariously liable for Atcravi's actions. Plaintiffs also alleged Atcravi committed a hit and run when Atcravi continued to drive after the collision until was spotted by a witness who followed Atcravi into a Home Depot parking lot and called 9-1-1.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended defendants were negligent in the operation of the vehicle when Atcravi caused the collision and caused plaintiffs to sustain physical injuries. Plaintiffs contended defendants committed a hit and run when Atcravi kept driving after the collision. Plaintiff contended Stevenson was vicariously liable for Atcravi's actions.

DEFENDANTS' CONTENTIONS: Defendants denied all of the contentions. Defendant contended that the witnesses gave vague descriptions of the accident, but were more involved in chasing down defendant because they thought defendant was fleeing the scene. Defendant did not stop at the scene, but instead proceeded to a Home Depot parking lot several miles away and called San Diego PD's non-emergency number.

Injuries

Cecilia Ortega's main complaints are left shoulder, lower back, and mental/emotional distress. She treated with her PCP, chiropractic care, then underwent MRIs/x-rays, saw an orthopedist and pain management specialist that administered facet blocks and epidural steroid injections. She also saw Dr. Hosalker who diagnosed her with serious back injuries and a surgery recommendation for a lumbar decompression or fusion by Dr. Raiszadeh. Ortega's medical specials totaled $83,728.94. She was set to get the lumbar surgery which had an estimate global cost in excess of $100,000. Minor Plaintiff treated at ER then transferred to Rady's Children's hospital. He has a hemophiliac medical condition, so he was kept for close observation for 24-hours. It was also reported that he had serious emotion and psychological issues following the accident. His medical specials totaled $92,974.17. Minor plaintiff's settlement required numerous hearings with the judge prior to approval of the minor's compromise due to significant ongoing issues presented by the minor's guardian ad litem.

Result

The case settled for $500,000.