A Ventura County couple has filed a lawsuit alleging negligence after a serious car accident left one of them with permanent injuries. The complaint, filed by Daniel and Carolyn Moody in the Superior Court of California, County of Ventura on June 20, 2024, names David Phuong, Cindy Thai, and Phuong Gardening as defendants.
According to the court documents, the incident occurred on April 4, 2024. Daniel Moody was driving his 2010 Honda southbound on Reino Road near its intersection with Borchard Road when he was struck by a 2017 Honda CRV operated by David Phuong. The plaintiffs allege that Phuong was driving negligently and recklessly at the time of the collision. The lawsuit also claims that Cindy Thai and Phuong Gardening were complicit in this negligence because they owned the vehicle and allowed Phuong to drive it.
The Mooodys' complaint details how Daniel suffered severe physical injuries from the crash, which have resulted in ongoing pain and significant medical expenses. "Plaintiff was hurt and injured in his health, strength and activity," states the document, adding that these injuries will likely lead to permanent disability. Additionally, due to his injuries, Daniel has been unable to work since the accident, causing further financial strain.
Carolyn Moody's claim for loss of consortium highlights another dimension of their suffering. She asserts that her husband's injuries have deprived her of his companionship and support. "As a direct and proximate result thereof," she claims she has been "deprived of the society, comfort, companionship and normal spousal conduct" provided by her husband.
The plaintiffs are seeking several forms of relief from the court: general damages for Daniel’s physical suffering; compensation for medical expenses; lost earnings and diminished earning capacity; property damage; loss of consortium for Carolyn; costs incurred during litigation; and any other relief deemed appropriate by the court.
Representing the Moodys is Andrew L. Shapiro from Lewitt, Hackman, Shapiro, Marshall & Harlan. The case is being overseen by Judge Brenda L. McCormick under Case ID: 2024CUPA026045.