This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Auto v. Truck
Sideswipe Collision

Gabriela Salas, Sofia Salas v. Ramon Orosa, Angelica Montelongo, Juanita Salas

Published: Feb. 4, 2006 | Result Date: Nov. 8, 2005 | Filing Date: Jan. 1, 1900 |

Case number: 02AS05556 Verdict –  $3,600

Judge

Brian R. Van Camp

Court

Sacramento Superior


Attorneys

Plaintiff

Timothy W. Hessler


Defendant

Amardeep S. Shergill


Experts

Plaintiff

Robert Hulbert
(medical)

Defendant

John D. Cranston
(medical)

Susan E. Bromley
(medical)

Stephen Gaal
(medical)

Facts

In 2001, Gabriela Salas, 21, and her sister Sofia Salas, 18, were traveling in a Chevrolet pick-up truck on Interstate 5 along with their cousin Angelica Montelongo, 10, and their niece, Juanita Salas, 7. Traffic on the interstate slowed down as a result of debris. Ramon Orosa, who was driving an SUV owned by Rosalie Orosa, swerved and sideswiped Salas' truck. The Salases and Montelongo sued Ramon Orosa for negligent operation of a vehicle and Rosalie Orosa for negligent entrustment. The defense admitted liability, but challenged the nature and sum of damages.

Settlement Discussions

The plaintiffs demanded $2,000 (pre-trial) in addition to the arbitration offer of $4,426 for Gabriela Salas; $5,315 for Sofia Salas; $2,769 for Angelica Montelongo; and $3,094 for Juanita Salas. The demand during trial was the arbitration offer. Prior to trial, the defendant gave the arbitration offer. During trial, the defense offered $1,000 per plaintiff.

Specials in Evidence

The plaintiffs' chiropractic bills were as follows: $5,023 for Gabriela Salas; $3,677 for Sofia Salas; $2,996 for Angelica Montelongo; and $2,635 for Juanita Salas.

Injuries

The plaintiffs suffered injuries to their backs and necks. Montelongo suffered additional bruises to her head and a possible concussion. Gabriela and Sofia contended that they suffered pain even after seeking chiropractic treatment.

Result

The jury awarded $3,600. The plaintiff actually received $2,200.

Deliberation

three hours

Length

six days


#81433

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390