Northern California Record

Wednesday, February 26, 2020

Motorist alleges another driver caused crash by using mobile phone

By Noddy A. Fernandez | Nov 6, 2017

Car accident 37

FRESNO — A motorist is suing another driver, alleging the defendant's use of a mobile phone while driving, resulted in a multiple vehicle collision.

Cristina Gutierrez filed a complaint Oct. 6 in Fresno County Superior Court against Katie Applin, alleging the defendant failed to exercise ordinary care while operating her vehicle.

According to the complaint, on Aug. 30, 2016, Gutierrez was stopped for traffic on West Shaw Avenue in Fresno when Applin's vehicle struck a pickup truck that was pushed into the rear of Gutierrez's vehicle. The suit says the crash was due to Applin's vehicle causing a rear-end collision, resulting in a four-vehicle collision. 

As a result, Gutierrez says she suffered bodily injuries and incurred economic and non-economic damages. 

The plaintiff alleges Applin was using her mobile phone while driving, failed to be attentive while driving on a public road and failed to keep a careful lookout for other vehicles.

Gutierrez seeks trial by jury, compensatory damages in excess of $25,000, plus costs of suit, and all fair, just and equitable relief. She is represented by attorney Denis M. Delia of The Dunnion Law Firm in Monterey.

Fresno County Superior Court case number 17CECG03426

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Fresno County Superior Court