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Personal Injury
Auto v. Auto
Rear-End Collision

Mario Franco Gomez v. Patrick T. Pfeiffer, Claire Pfeiffer

Published: Apr. 26, 2014 | Result Date: Jan. 6, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 112CV225771 Verdict –  $11,297

Court

Santa Clara Superior


Attorneys

Plaintiff

Edward D. Clements


Defendant

Phaidra M. Garcia
(McDowell, Shaw & Garcia)


Experts

Plaintiff

A. Stephen Genest
(medical)

Defendant

Floyd Fortuin
(medical)

Facts

Mario Gomez sued Patrick Pfeiffer and Claire Pfeiffer, based on a traffic accident.

Contentions

PLAINTIFF'S CONTENTIONS:
Gomez claimed that on June 5, 2010, defendant Claire Pfeiffer struck him from behind, while he was stopped at a red light. Gomez claimed Claire drove recklessly and her father, Patrick, was also responsible for his daughter's actions.

DEFENDANT'S CONTENTIONS:
The Pfeiffers argued that Gomez's condition and back pain were a result of a 2004 work-related incident, and not caused by the accident. An expert witness testified that various MRIs done on Gomez over the years suggested that his back problem had predated the accident, because the condition of his back had not significantly changed after it occurred.

Damages

Gomez requested $250,000 in total damages, including $15,531 for his past medical costs and $40,000 for his future medical costs.

Injuries

Gomez claimed pain in the right side of his back and in his right leg. He was diagnosed with soft-tissue tenderness and given pain medication. He later treated with a chiropractor, but complained that his pain persisted. An MRI later revealed disc herniations in Gomez's back. Because his back pain was still significant, Gomez' surgeon had another MRI taken, and suggested Gomez have surgery performed on a disc bulge in his back.

Result

A jury awarded Gomez $11,297.

Other Information

INSURER: State Farm Mutual Automobile Insurance Co. for Patrick and Claire Pfeiffer.

Deliberation

4.5 hours

Length

five days


#97846

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