Pedestrian MIST case involving course of employment. $962K. Los Angeles County.

Summary

Pedestrian struck in parking lot when defendant driver puts his vehicle in reverse.

The Case

  • Case Name: Hernan Osorio v. Wesley T. Williams, et al.
  • Court and Case Number: Los Angeles Superior Court / BC597023
  • Date of Verdict or Judgment: Thursday, February 08, 2018
  • Date Action was Filed: Thursday, October 08, 2015
  • Type of Action: Course and scope of employment, MIST (Minor impact, soft tissue), Vehicles - vs. Pedestrian
  • Judge or Arbitrator(s): Hon. Maurice A. Leiter
  • Plaintiffs:
    Hernan Osorio, 58.
  • Defendants:
    Wesley T. Williams
    Aerotek Aviation, LLC
  • Type of Result: Jury Verdict

The Result

  • Gross Verdict or Award: $962,560
  • Economic Damages:

    Past loss of earning: $76,360

    Future loss of earning: $53,200

    Future medical expenses: $10,000

  • Non-Economic Damages:

    Past: $158,000

    Future: $665,000

  • Jury Deliberation Time: 4 hours in the span of 2 days.

The Attorneys

  • Attorney for the Plaintiff:

    Law Offices of Howard B. Kim by Howard B. Kim, Los Angeles.

  • Attorney for the Defendant:

    Lewis Brisbois Bisgaard & Smith LLP by Cary L. Wood and Ankur Tarneja, Los Angeles.

The Experts

  • Plaintiff’s Medical Expert(s):

    None.

  • Defendant's Medical Expert(s):

    Mark J. Spoonamore, M.D., orthopedic surgery, Los Angeles.

    George Macer, Jr., M.D., hand surgery, Long Beach.

Facts and Background

  • Facts and Background:

    The accident occurred on October 10, 2013. Plaintiff was working for a company called Golden Gate of Orlando which contracts with auto rental companies to transport vehicles from lot to lot. On October 10, 2013, at approximately 9:45 a.m., plaintiff was walking across the parking lot at Enterprise Rent A Car located near LAX when defendant Wesley T. Williams reversed his vehicle back into plaintiff. Wesley T. Williams was working for Aerotek Aviation, LLC. Defendants stipulated that Mr. Williams was within the scope of his employment with Aerotek at the time of the accident.

  • Plaintiff's Contentions:

    Plaintiff testified that when he saw the vehicle come towards him, he put his arms out and was hit. He believes his hands hit the rear window of the Expedition, which caused his body to twist and that his behind landed on the bumper of the Expedition, an SUV with a high bumper. He believes he hit his head on the rear window as well. Plaintiff testified that he did not land on the ground.

     
  • Defendant's Contentions:

    Defendant Wesley T. Williams contended that he barely moved his vehicle and denied hitting plaintiff.

Injuries and Other Damages

  • Physical Injuries claimed by Plaintiff:

    Soft tissue injuries to head, neck, shoulders, arms, legs, lower and upper back and aggravation of pre-existing triangular fibrocartilage complex tear.

Special Damages

  • Special Damages Claimed - Past Medical: $0
  • Special Damages Claimed - Future Medical: $15,700
  • Special Damages Claimed - Past Lost Earnings: $86,000
  • Special Damages Claimed - Future Lost Earnings: $51,000

Demands and Offers

  • Plaintiff §998 Demand: $150,000
  • Defendant §998 Offer: $30,000

Disclaimer

This is not an official court document. While the publisher believes the information to be accurate, the publisher does not guarantee it and the reader is advised not to rely upon it without consulting the official court documents or the attorneys of record in this matter who are listed above.

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