Personal Injury: Motor Vehicle – Rear-Ender – Minivan – Passenger
Passenger sustained serious back injuries in collision.
CASE Angel Oquendo v. Samira Bardoi, No. 2008-CI-03059
COURT Bexar County District Court, 285th, TX
JUDGE Michael P. Peden
PLAINTIFF ATTORNEY(S) Andrew E. Toscano, Gene Toscano, Inc., San Antonio, TX; Candelario S. Trevino, Jr., Gene Toscano, Inc., San Antonio, TX
DEFENSE ATTORNEY(S) Gregg R. Miller, Clark, Miller, Campbell & Amwine, San Antonio, TX
FACTS & ALLEGATIONS On June 29, 2006, plaintiff Angel Oquendo, 35, a sign fabricator, was a back seat passenger in a mid-size sedan on Nacogdoches at Hillpoint, a street in San Antonio. Samira Bardoi, driving a minivan, rear-ended the sedan.
Oquendo sued Bardoi, alleging negligent operation of a motor vehicle. He claimed the driver of the sedan was stopped at a green light waiting for oncoming traffic to clear so that they could turn left when the accident occurred.
Bardoi said she was going about 25 mph and that the sedan driver pulled in front of her and braked too suddenly for her to stop. The defense argued that it was just an accident and not negligence.
INJURIES/DAMAGES annular tear; chiropractic; chronic pain syndrome; lumbar sprain; physical therapy; trigger point injection
Oquendo was diagnosed with a severe lumbar sprain, including a disc injury at L4-5 and L5-S1, an annular tear at L4-5, and chronic pain syndrome. An MRI and discogram confirmed the injuries. His treatment consisted of physical therapy, chiropractic care and pain management, including trigger point injections. The treatment began with the chiropractor 13 days post-accident, and was ongoing at the time of trial. His doctor put him on a permanent 15-pound lifting restriction.
Oquendo claimed past medical bills of $21,500 and a life care plan of $335,618.55. For past pain and suffering, he sought $50,000; for future pain and suffering, $200,000; for past physical impairment, $50,000; for future physical impairment, $200,000; and for future disfigurement, $5,000.
The defense argued that there were inconsistencies in Oquendo’s medical records and that the treating physicians were all attorney-referred. It also contended that the impact was minor, with the sedan sustaining only a small dent.
RESULT The jury found Bordoi negligent and that Oquendo’s damages were $299,500.00.
- $21,00 past medical cost
- $226,000 future medical cost
- $5,000 past physical impairment
- $20,000 future physical impairment
- $5,000 past pain and suffering
- $20,000 future pain and suffering
- Trial Length: 4 days
- Trial Deliberations: 5 hours
PLAINTIFF EXPERT(S) Joe G. Gonzales, M.D., physical medicine, San Antonio, TX; Sanjay Misra, M.D., orthopedic surgery San Antonio, TX
DEFENSE EXPERT(S) None reported
POST-TRIAL With prejudgment interest and taxable costs, the final judgment was $304,850.02.
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