Facts

Silvino Lopez was driving west on Francisquito Avenue, in Baldwin Park, when his vehicle struck the driver's side door of a vehicle operated by Alfredo Santiago, who pulled away from the westbound curb of Francisquito Avenue and attempted to make a U-turn onto eastbound Francisquito Avenue. Lopez complained of neck and back pain at the scene and was taken by ambulance to a hospital, where he was treated and released later that day. Lopez's MRI showed bulging cervical discs at C2-3, C3-4, C4-5, C5-6, and C6-7 levels, as well as bulging lumbar discs at the L1-2, L2-3, L3-4, L4-5, and L5-S1 levels. He then underwent chiropractic care from January 9, 2018, to April 10, 2018, and received an epidural injection from his treating orthopedic surgery expert. Lopez sued Santiago and the registered owner of Santiago's vehicle, Jorge Santiago, for negligent in the operation of the vehicle and vicariously liable for Santiago's actions. He sought recovery of past and future medical costs, and damages for his past and future pain and suffering.

PLAINTIFF'S CONTENTIONS: Plaintiff contended defendant was negligent for making a U-turn from the westbound curb in an attempt to go east for Francisquito Avenue and in front of oncoming traffic when it was unsafe to do so. Additionally, plaintiff alleged that he had no medical records with any back problems prior to the accident and now suffers from ongoing pain to his lower back. Plaintiff maintained that he could no longer continue to live in Los Angeles and work as a gardener because of his back injury and prior, unrelated heart condition. Moreover, plaintiff argued that he needed three future epidural injections and has continuing neck and back pain.

DEFENDANT'S CONTENTIONS: Defendant did not dispute liability. However, defendant alleged that plaintiff's back problems were caused by his physical lifestyle as a gardener and that he only had soft tissue injuries as a result of the accident. Further, defendant argued that plaintiff's back injuries were not related to the accident and that the medical costs alleged by plaintiff were too high.

Result

The jury found that Santiago's negligence was a substantial factor in causing harm to Lopez and awarded Lopez damages totaling $54,765.