Gomez-Gomez v. Hrycak - Default Judgment for Accident Damages

IN THE SUPE RIOR COURT O F THE STATE O F DEL AWARE Gladys M. G omez-Gomez,)) Plaintiff,)) C.A. No. S24C- 08 -005 MHC v.)) Elizabeth M. Hrycak,)) Defendant.) ORDER This 5 th day of March, 2026, it appear s to the C ourt that: 1. The Plaintiff, Gladys M. Gomez-Gomez, f iled this complaint pursua nt to a car accident on Dece mber 30, 2023. Elizabeth M. Hyrca k, the Defendant, rear-en ded Plaintiff’s car at the intersection of Ro ute 113 a nd Route 9. T he Defenda nt failed to file a n answer a nd a Default Judgment was entered. An I nquisit ion Hearing was held on February 9, 2026. The Defendant fail ed to appear a t the Inquis ition Hearing. 2. Plaintiff seeks da mages for pa in and suff ering and unpaid me dical bills. 3. Plaintiff testified that after the accident she couldn’t move her waist and hips. She was transported to the hospital by ambulance. At the hospital x -

rays w ere taken a nd pain medical was ad ministere d, and Pla intiff was then discharged. Plaintif f testif ied tha t two days aft er accide nt there was bruising on her left shoulder and right leg. Plaintiff received physical therapy for one week for her waist before her insuranc e refused to pay for any more sessions. On February 7, 2024, an MRI on the lum bar spine revealed a r ight disk herniation a t the L2, L3 disks. 4. Plaintiff testified that she continues to suffer from low back p ain which is constant. She co ntinues to suffer w ith pain in bot h legs, with the righ t leg hurting more. She tes tified that walking and rest does help with the pain. She testifie d that she cannot s tand for l ong hours and i s therefore unable to go back to w ork. Luckily, P laintiff testifi ed, that she d oes have the su pport of her husband financ ially. Lastly, Plaintiff t estified her lifestyle has be en affected because sh e cannot be a l eader at h er church or spend as much quality time w ith her grandch ildren. 5. Plaintiff provi ded unpaid me dical bill s totaling $2,000.00. 6. After consideri ng the above facts, the Cou rt enters judgment agains t the Defendant and awards the f ollowing: a. $2,000.00 for the m edical bills; b. $5,000.00 in pa in and suff ering; c. The costs of t his action; a nd,

d. Post-judgment interest at the rate of 5.2% pursuant to 6 D el. C. §230(a). IT IS SO ORDE RED. /s/ Mark H. Conner Mark H. Conner, J udge oc: Prothonotary xc: Andres G. De C os, Esquire Elizabeth M. Hyrcak