Esther Quinonez and Brenda Quinonez, by and through her Guardian Ad Litem Jose Luis Fariar v. Jefferson Matau
Published: Aug. 11, 2012 | Result Date: Jun. 13, 2012 | Filing Date: Jan. 1, 1900 |Case number: 37-2011-00093033-CU-PA-CTL Verdict – $21,014
Court
San Diego Superior
Attorneys
Plaintiff
David J. Munoz
(Mission Legal Center P.C.)
Defendant
Experts
Plaintiff
Thomas C. Bruff
(medical)
Steven M. Wachs
(medical)
Facts
Esther Quinonez was driving, accompanied by her daughter, Brenda, in the front passenger seat. She was stopped at an intersection when her vehicle was rear-ended by another vehicle operated by Jefferson Matau. The mother and daughter claimed injuries as a result of the accident and thereafter sued Matau for negligent operation of a motor vehicle.
Matau admitted liability and the matter proceeded to trial on causation and damages.
Damages
Quinonez sought $7,615 for past medical costs, $22,000 to $31,000 for past pain and suffering, and $2,600 to $3,500 for future pain and suffering. Brenda sought $5,399 for past medical costs, $22,500 to $29,000 for past pain and suffering, and $13,000 to $17,000 for future pain and suffering. Matau disputed the reasonableness and necessity of the medical bills, arguing Plaintiffs had over-treated. Matau also argued that Plaintiffs were owed zero damages for future pain and suffering given that their injuries had since been resolved.
Injuries
Quinonez and Brenda presented to the emergency room approximately two hours after the accident with neck and back complaints. Brenda suffered a sprain to her left wrist and followed up with three to four months of chiropractic care. Although both claimed that their respective neck and back injuries had resolved, Brenda claimed she continued to experience pain and discomfort in her left wrist, which presented issues with her plans on enlisting in the army.
Result
The jury awarded Quinonez $10,615 in total damages, which included 7,615 in past medical costs, and $3,000 in past pain and suffering. The jury awarded Brenda $10,399, which included $5,399 in past medical costs, $3,500 in past pain and suffering, and $1,500 in future pain and suffering.
Deliberation
two hours
Poll
12-0 (economic damages), 12-0 (Esther's non-economic damages), 11-1 (Brenda's future non-economic damages)
Length
two days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390