Facts

This case stems from a two vehicle T-bone collision that occurred on Oct. 2, 2020. The accident took place on Bancroft Drive near the intersection of Spring Place in Spring Valley. At the time of loss, plaintiff Vivian Flores, a retiree, was a passenger in a 1999 Ford F-150 driven by her husband, Ricardo Flores, and the defendant was driving a 1999 Lexus RX 300. The accident occurred when the defendant vehicle made a left turn in front of Plaintiff's vehicle causing a collision to plaintiff's driver's side rear fender/tire.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged injuries from the accident including a rotator cuff tear with treatment consisting of therapy, injections and a shoulder surgery and the need for an additional shoulder surgery and a neck surgery.

DEFENDANT'S CONTENTIONS: Defendant admitted liability for the accident but disputed causation and the nature and extent of the injuries.

Defense contended that plaintiff has a long-standing medical history involving cervical, lumbar, and right shoulder pain and the accident did not cause the injuries and plaintiff needed surgery prior to the accident.

Insurer

Interinsurance Exchange of the Automobile Club of Southern California

Settlement Discussions

Defendant served a CCP 998 for $105,000 on Oct. 23, 2023. Plaintiff served a CCP 998 of $500,000 on Oct. 25, 2023.

Specials in Evidence

Future Meds: Plaintiff alleged the need for a second shoulder surgery in amount of $150,000 and a neck surgery in the amount of $75,000.

Damages

Ms. Flores' past medical treatment cost was $58,686.72.

Injuries

Plaintiff, 70, argued she sustained injuries including a rotator cuff tear and requiring surgery. She testified she scheduled a second shoulder surgery just before trial. She also argues she had neck pain and problems and required a cervical fusion as a result of the accident. By testimony of plaintiff and her family she argued her golden years were ruined and she had pain and suffering with anxiety, disfigurement and emotional distress.

Result

Defense verdict.

Deliberation

two hours

Poll

9-3

Length

five days