Plaintiff's vehicle is side-swiped on freeway. $1M. Orange County.

Plaintiff §998 Demand: $500,000
Defendant §998 Offer: $150,000

Summary

Plaintiff's car strikes center median when hit at 70 miles per hour.

Case Name: Aguayo v. Kwok
Court and Case Number: Orange County Superior Court / 30-2021-01218030-CU-PA-CJC
Date of Verdict or Judgment: Friday, August 02, 2024
Date Action was Filed: Thursday, August 26, 2021
Type of Case: Vehicles - Auto vs. Auto, Vehicles - Freeway
Judge or Arbitrator(s): Hon. Nathan Vu
Plaintiffs:
Wendy Aguayo
Defendants:
Jamie Kwok
Type of Result: Jury Verdict

Attorney for the Plaintiff:
HHJ Trial Attorneys by Elliott Jung and Adam Hepburn, Carlsbad.
Attorney for the Defendant:
Ford, Walker, Haggerty & Behar, LLP by Juan Delgado and Linh Cao, Santa Ana.

Plaintiff’s Medical Expert(s):
Michael Wang, M.D., radiology.
Defendant's Medical Expert(s):
Jean Jaques Abitbol, M.D., spinal surgery.
Plaintiff's Technical Expert(s):
Stephen Dibiase, accident reconstruction.

Colin Smith, biomechanics.
Defendant's Technical Expert(s):
.

Facts and Background:
In September 2019 defendant side-swiped 30-year-old plaintiff's vehicle on the freeway, causing plaintiff's vehicle to spin out. Plaintiff's Toyota Camry was estimated to be traveling 70 miles per hour, moving eastbound on the 91 freeway, and hit the center median after the collision.
Plaintiff's Contentions:
That the car crash caused compression fractures in plaintiff's thoracic spine.
Defendant's Contentions:
That plaintiff received only minor injuries from the crash. The CT scan from the ER showed no compression fractures and a CT scan seven days after the crash showed no compression fractures. Plaintiff's treating doctor provided an opinion that she had a preexisting condition called Sheurmann's kyphosis to the spine and not compression fractures.

Physical Injuries claimed by Plaintiff:
Compression fractures in thoracic spine.