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
Negligence
Lane Change Collision

Marcus Olguin v. Everardo Velazquez Gonzalez Jr.

Published: Jul. 20, 2013 | Result Date: Mar. 27, 2013 | Filing Date: Jan. 1, 1900 |

Case number: GC048032 Verdict –  Defense

Court

L.A. Superior Pasadena


Attorneys

Plaintiff

Daniel L. Jones
(Harris Personal Injury Lawyers Inc.)


Defendant

Nair F. Alamo-Hecht


Experts

Plaintiff

Alvaro Liceaga
(medical)

Eugene Vanderpol II
(technical)

Defendant

Robert M. Wilson M.D.
(medical)

Facts

On Sept. 2, 2010, plaintiff Marcus Olguin, 25, was a passenger in a vehicle when the driver, Everardo Gonzalez Jr., lost control and swerved from one lane to another. As a result, the passenger side of the vehicle was broadsided and Olguin was injured. Olguin sued Gonazlez, alleging that he was negligent in the operation of his vehicle.

Contentions

PLAINTIFF'S CONTENTIONS:
Olguin claimed that Gonzalez was speeding and lost control of his vehicle when traffic slowed down. He claimed that Gonzalez noticed the slowdown and slammed his brakes, causing the vehicle to swing into another lane.

Damages

Olguin sought $34,518.17 for his past medical costs and $10,000 for pain and suffering.

Injuries

Olguin claimed neck and back pain, and was diagnosed with bulging discs of his lumbar spine. He underwent physical therapy and chiropractic care.

Result

The jury found that Gonzalez was not negligent.

Other Information

Plaintiff filed a motion for a new trial, which was granted.

Deliberation

30 minutes

Poll

12-0

Length

three days


#91688

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

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