Our client was traveling eastbound on SR-223 in Bear Mountain Boulevard, Arizona. At the same time, the defendant was returning home in a Tractor-Trailer truck under the trailer’s bill of lading. Our plaintiff was attempting to make a left turn when the defendant tractor-trailer caused a T-bone collision with our client’s vehicle in Kern County. The force of the impact caused our client to lose consciousness for approximately 10 to 15 minutes.
The police officer at the scene found the defendant at fault for the collision in violation of Arizona Vehicle Code Section 21460 (a) V.C. for driving to the left of double parallel solid yellow lines.
The defense initially disputed vicarious liability for the tractor-trailer collision in Kern County. Once liability was admitted, the defendants disputed the severity of our client’s injuries; asserted that they did not sustain a traumatic brain injury; and that their orthopedic injuries, specifically neck and back injuries, were preexisting conditions unrelated to the collision. Eventually, their orthopedic injuries resulted in surgery on their cervical spine. They underwent an anterior cervical spine discectomy with a partial corpectomy (of C3-C4, C4-C5, and C5-C6). They will also need an additional surgery comprising a discectomy, laminectomy, and facetectomy (of their L5-S1).
The plaintiff sued the defendant individually and their workplace for motor vehicle negligence.
