(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident/personal injury case and its proceedings.)
Miranda Towing has also been named as a defendant and cross-defendant based upon its position as the employer of Mr. Brown. Liability may be imposed against Miranda Towing under the permissive-user statute (Cal. Vehicle Code § 17150) and/or as the principal or employer of a negligent operator under the doctrine of respondeat superior. (See Vind v. Asamblea Apostolica, Christo Jesus (1957) 148 Cal.App.2d 597, 602-604.)
With regard to Vehicle Code § 17150, that statute provides that owners of a motor vehicle may be held liable for injuries to person or property resulting from a negligent or wrongful act or omission in the operation of a motor vehicle by any person using or operating the same with the permission of the owner. However, such liability is limited to the amount of $15,000 for the injury to one person in any one accident. (Cal. Vehicle Code § 17153.)
Plaintiff’s Claimed Injuries And His Extensive History Of Back, Neck, And Leg Pain
Plaintiff, who is 54-years-old, alleges he sustained injuries to his lower lumbar region and left leg as a result of the subject automobile collision. He claims he has pain down the left side of his leg to his foot, and pain in his left calf. He further claims he suffers tingling from his left knee to the bottom of his foot. He also complains of numbness on the bottom of his left foot.
Plaintiff alleges the pain is constant and has remained the same for approximately the last six months. Plaintiff states he cannot stand for more than 15 to 20 minutes at a time without pain in his lower back, and that he cannot walk any distance without causing pain to his lower back.
(See Part 5 of 5.)
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