Case Background
On May 16, 2019, Cynthia Fortier drove eastbound on the 210 freeway near Euclid Avenue in Upland, California. Fortier slowed her 2017 Hyundai Elantra for traffic when a vehicle driven by Rene Martinez Lopez struck the rear of her car. Jose Munoz, Jr. owned the vehicle Lopez operated at the time of the collision. The force of the rear-end impact threw Fortier's body backward and then forward inside her vehicle.
Fortier filed a personal injury complaint on December 18, 2020, in the Superior Court of California, County of San Bernardino. She named Lopez and Munoz as Defendants and asserted two causes of action: motor vehicle negligence and general negligence. The case proceeded as an unlimited civil action.
Cause
Fortier alleged that Lopez traveled too fast for traffic conditions and collided into the rear of her vehicle on the 210 freeway as she slowed for traffic. She contended that Lopez violated California Vehicle Code Section 22350, which governs driving at unsafe speeds, and that his operation of the vehicle was negligent, careless, and reckless. She further alleged that Munoz, as the vehicle's owner, bore statutory liability under California Vehicle Code Section 17150 for permitting Lopez to drive the car.
Injury
The complaint stated that the rear-end collision caused Fortier personal injuries, though the filed documents did not specify particular diagnoses or body parts affected. Fortier reported that she required medical care and treatment as a result of Lopez's negligent driving.
Damages Sought
Fortier sought compensatory damages according to proof. She claimed medical expenses, future medical expenses, lost earnings, loss of earning capacity, property damage, loss of use of property, pain and suffering, emotional distress, psychological harm, and general damages.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Cynthia Fortier
· Counsel for Plaintiff: Kyle J. Scott, Esq.
Defendant: Rene Martinez Lopez | Jose Munoz, Jr.
· Counsel for Defendants: Brian R. Rizzi
Claims
Fortier pursued two causes of action against Lopez and Munoz.
Motor Vehicle Negligence
Fortier alleged that Lopez negligently operated the motor vehicle and that his acts were the proximate cause of her injuries and damages. She identified Lopez as the driver and Munoz as the vehicle's owner and the person who entrusted the car to Lopez.
General Negligence
Fortier alleged that Lopez and Munoz negligently caused her damages on May 16, 2019, on the eastbound 210 freeway near Euclid Avenue in Upland, California. She maintained that as a direct and legal result of the Defendants' negligence, carelessness, and recklessness, the Defendants' vehicle struck the rear of her car with enough force to cause significant damage to the vehicle and physical injuries to her.
Defense
Lopez and Munoz filed their answer on February 16, 2021, through counsel at Stratman, Schwartz & Williams-Abrego. The Defendants issued a general denial under California Code of Civil Procedure Section 431.30. They denied every allegation in the complaint and denied that Fortier sustained damages in any amount.
The Defendants raised ten affirmative defenses. They argued that Fortier's own negligence caused or contributed to the incident and that comparative negligence barred or reduced her recovery. They asserted that Fortier assumed the risks of the activities described in the complaint by voluntarily placing herself in a position of danger. They contended that the complaint failed to state facts sufficient to constitute a cause of action. They argued that Fortier failed to mitigate her damages, and that any harm she proved was the proximate result of independent and superseding actions by Fortier or other persons rather than any act by the Defendants. The Defendants also raised statute of limitations defenses under California Code of Civil Procedure Sections 340 and 335.1.
Additionally, the Defendants asserted that Fortier's claim was barred by California Civil Code Sections 3333.3 and 3333.4, and that liability should be apportioned among all parties according to their relative degrees of fault. They invoked California Civil Code Sections 1431.1 through 1431.5, which limit non-economic damage recovery to each Defendant's proportionate share of fault. They further argued that any judgment against them was limited by the terms of California Vehicle Code Section 17151.
Jury Verdict
The case proceeded to trial on October 14, 2025, before Judge Gilbert Ochoa in Department R17 of the Rancho Cucamonga Courthouse. The jury returned a special verdict on December 1, 2025.
The jury found that the negligence of Rene Martinez Lopez and Jose Munoz, Jr. was a substantial factor in causing harm to Cynthia Fortier.
The jury awarded Fortier total damages of $72,000, broken down as follows.
Past Economic Damages
The jury awarded $41,000 in past medical expenses and $1,000 in past lost earnings, for a total of $42,000 in past economic damages.
Future Economic Damages
The jury awarded $0 in future medical expenses and $0 in future lost earnings or earnings capacity.
Past Noneconomic Damages
The jury awarded $30,000 in past noneconomic losses, which encompassed physical pain, mental suffering, loss of enjoyment of life, physical impairment, inconvenience, grief, anxiety, and emotional distress.
Future Noneconomic Damages
The jury awarded $0 in future noneconomic losses.
Court documents are available upon request at [email protected]
