Ashley Fierro v. David Castro Leon
Published: Sep. 14, 2013 | Result Date: Jun. 5, 2013 | Filing Date: Jan. 1, 1900 |Case number: 37-2010-00081313-CU-PA-SC Verdict – $125,000
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Michael J. Esposito
(medical)
Voyko Banjac Ph.D.
(technical)
Thomas Schweller
(medical)
Defendant
Richard Greenfield M.D.
(medical)
Facts
On Oct. 5, 2010, Ashley Fierro was approaching the intersection on Telegraph Canyon and Oleander Ave. when she was struck on the driver's side by David Leon who was traveling on Oleander Ave. Leon struck another vehicle and came to rest on a curb. Fierro suffered injuries as a result thereof, and sued Leon for negligence. Leon admitted liability.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant ran a red light on Oleander, and that he was speeding.
Damages
Fierro, who worked at an after school program, missed time off from work due to the accident. She claimed that her injuries prevented her from performing her job and interacting with the children on the same level as she performed prior to the accident. As such, she sought $18,000 in past medical bills and recovery of damages for future medical costs and past and future pain and suffering.
Injuries
Fierro claimed pain in her neck and left shoulder, with pain that radiated down her left arm. She treated with physical therapy and epidural injection. An MRI revealed a disc bulge. Her treating physician testified that Fierro suffered a nerve irritation. The defense argued that her injuries were mainly soft-tissue injuries, which should have resolved within a few months.
Result
The jury rendered a verdict for Fierro and awarded her $125,000 in damages, which included $25,000 in past medical and $25,000 in future medical costs and $75,000 in pain and suffering.
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