Wendy Aguayo vs. Jamie Amanda Kwok

Case Background

On August 26, 2021, Plaintiffs Wendy Aguayo, Pedro Aguayo, and Sebastian Aguayo, a minor, filed an auto negligence lawsuit against Defendant Jamie Amanda Kwok after a serious highway motor vehicle accident.

The case was filed in the Superior Court of California, Orange County. Judge Nathan Vu presided over this case. [Case number: 30-2021-01218030-CU-PA-CJC]

Cause

The incident occurred on September 2, 2019, on SR-91 Eastbound, approximately 120 feet west of Magnolia Avenue in Fullerton, Orange County, California.

On that day, Defendant, Ms. Jamie Amanda Kwok, was driving a 2003 Acura TL eastbound in the #3 lane of SR-91 at 70 mph. Meanwhile, Mr. Pedro Aguayo was driving a 2014 Toyota Camry eastbound in the carpool lane at 65 mph, positioned to the left rear of the Acura.

Upon noticing the lane was already occupied, Ms. Kwok attempted to change lanes into the #2 lane but made an unsafe maneuver. She lost control of the Acura, veering across multiple lanes of traffic, and eventually colliding with the Toyota. The impact caused both vehicles to move to the left and strike the concrete center divider.

Injury

The car crash resulted in compression fractures in Plaintiff Wendy Aguayo’s thoracic spine. As a result, Plaintiff experienced significant pain and limited mobility.

Damages

Wendy Aguayo, the plaintiff, suffered several damages as a result of the incident, including wage loss, loss of use of property, and medical expenses. These included wage loss, loss of use of property, and hospital and medical expenses. Additionally, Plaintiff experienced general damages, property damage, and a loss of earning capacity. Plaintiff also endured other damages, including emotional distress and loss of consortium.

As a result, Plaintiff requested judgment for the costs of the lawsuit, along with relief that is fair, just, and equitable. Furthermore, Plaintiff sought compensatory damages for the harm caused.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Wendy Aguayo
    • Counsel for Plaintiff(s):  Elliott Jung | Adam Hepburn
  • Defendant(s): Jamie Kwok
    • Counsel for Defendant(s): Juan Delgado | Linh Cao

Claims

Plaintiffs argued that Defendant’s negligence caused the damages they sustained. Plaintiffs asserted that Ms. Kwok’s actions violated California Vehicle Code § 22107, which prohibits unsafe turning movements. As a result, they contended that Ms. Kwok was responsible for causing the traffic collision.

Defense

The defense contended that Plaintiff sustained only minor injuries from the crash. The initial CT scan taken at the ER showed no compression fractures. Additionally, a follow-up CT scan, conducted seven days later, also revealed no compression fractures.

Plaintiff’s treating doctor later concluded that the injuries were related to a preexisting condition, Sheuermann’s kyphosis (a spinal disorder), rather than compression fractures.

Jury Verdict

The trial, which lasted three weeks, ended on Friday, August 2, 2024, when the jury rendered a significant verdict in favor of the Plaintiff, awarding a total of $1,000,000 in damages. After deliberating for just four hours, the jury determined that Defendant was fully liable, finding no contributory or comparative negligence on the part of Plaintiff.

Court Documents:

Available upon request