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
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
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