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Intersection rear-ended injured passenger in sedan - VERDICT $299,500


VERDICT $299,500

CASE Angel Oquendo v. Samira Bardoi, No. ZOOB-CI-03059

COURT Bexar County District Court, Z85th, TX

JUDGE Michael P. Peden

DATE 03-28-2OO9


ATTORNEY(S) Andrew E. Toscano, Gene Toscano, Inc., San Antonio, TX





On June 29, 2OO6, 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 tum left when the accident occurred. Bardoi said she was going about Z5 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. Oquendo was diagnosed with a severe lumbar sprain, including a disc injury at L4-5 and L5-SI, an annular tear at L4-5, and chronic pain syndrome. His treatment consisted of physical therapy, chiropractic care and pain management, including trigger point injections.

The defense argued that there were inconsistencies in Oquendo'S medical records and that the treating physicians were all attorney-referred.



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