Jose Manuel Rodriguez, Eduardo Palacios, Ivan Meza Ambario, Cipriano Ballesteros v. Franzen Hill Corporation, David Lyn Martin, Ismael Manera, and Does 1 through 20
Published: Apr. 9, 2016 | Result Date: Mar. 17, 2016 | Filing Date: Jan. 1, 1900 |Case number: 14CECG01625 Bench Decision – Defense in part
Court
Fresno Superior
Attorneys
Plaintiff
Ronald Z. Gomez
(Korey Richardson LLP)
Defendant
Brian H. O'Driscoll
(Law Office of Penny S. Moore)
Facts
Jose Rodriguez, Eduardo Palacios, Ivan Ambario, and Cipriano Ballesteros sued Franzen Hill Corp., David Martin, and Ismael Manera, in connection with an automobile collision.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs were passengers in a vehicle being driven by defendant Manera when they were involved in a collision with defendant Martin. Martin's vehicle was allegedly registered to defendant Franzen Hill. Plaintiffs sought compensation for various injuries.
DEFENDANTS' CONTENTIONS:
Defendant Manera moved for terminating sanctions against plaintiff Ambario due to misuse of the discovery process.
Damages
Rodriguez requested $10,775 in past medical expenses, $40,000 in future medical expenses, and $5,000 in lost income. Palacios requested $5,929 in medical expenses. Meza sought $2,525 in medical expenses and $2,000 in lost earnings. Ballesteros requested $15,750 in medical expenses and $2,500 in lost earnings.
Injuries
Rodriguez fractured his ribs and injured his chest, and right shoulder. He claimed he would need future surgery. Palacios injured his head, right shoulder, chest, left knee, and abdominal area. Meza sustained various injuries that left him with pain in the neck and left arm. Ballesteros sustained injuries to his head, shoulders, and back. He continued to experience pain in those areas as well as in his abdominal area.
Result
The court granted Manera's motion for terminating sanctions and accordingly dismissed Ambario's claims. It also ordered Ambario to pay $360 in sanctions. The other three plaintiffs are still in the case, which is ongoing.
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