Vehicles - Auto vs. Auto

Eggshell plaintiff gets hit by driver making U-turn. $107K. San Diego County.

Allstate makes lowball offer and claims that plaintiff exaggerated his injury.

  • Case Name: Kirsch v. Li
  • Date of Verdict or Judgment: Thursday, July 22, 2021
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Man dies in crash between two pickup trucks. $5M. Stanislaus County.

Liability is disputed in high-speed head-on crash on two-lane road.

  • Case Name: Rosemary Perkins, individually and as the Successor-in-Interest to The Estate of Paul Perkins, and Maria Consuelo Rosas-Calderon, v. Waterworks Industries, Incorporated, William Anthony Borges, Jr., and DOES 1 to 30, inclusive
  • Date of Verdict or Judgment: Wednesday, May 26, 2021
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Lowball offer by State Farm in UM rear-ender. $382K. Nevada County.

UM claim in rear-ender goes to arbitration when State Farm offers only $13K against a $250K UM policy. Plaintiff was 51 years old and self-employed. Large loss-of-earnings claim.  

  • Case Name: Peterson v. State Farm Mutual Automobile Insurance Company
  • Date of Verdict or Judgment: Friday, December 18, 2020
  • Friday, 18 December 2020
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Extent of attorney-referred treatment disputed after rear-ender. $100K. San Francisco County.

The first civil jury trial in San Francisco Superior Court in 2020 after the pandemic shutdown.  Defense argues the need for treatment was exaggerated by attorney-referred doctors, and that there was a pre-existing condition.

  • Case Name: Kelman Garcia v. Ting Lin
  • Date of Verdict or Judgment: Monday, November 23, 2020
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Verdict during pandemic in disputed-liability rear-ender. $253K. Orange County.

Jury trial held after court reopens during pandemic. Soft-tissue injury to neck leads to claim of tinnitus; liability and causation disputed.

 

  • Case Name: Nevarez v. Brutoco
  • Date of Verdict or Judgment: Wednesday, October 14, 2020
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Causation/extent of injuries disputed after defendant backs out of driveway into plaintiff's car. $165K. San Diego County.

Jury reaches fast verdict just before courthouse closes down for pandemic.

  • Case Name: Brown v. Singhal
  • Date of Verdict or Judgment: Monday, March 16, 2020
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Question of course and scope of employment critical in T-bone crash. $1.85M. Los Angeles County.

Vehicles collide as one driver is pulling out of a parking lot. Question is whether that driver was in the course and scope of his employment.

  • Case Name: Smith v. Jennison, Post Alarm Systems, Inc.
  • Date of Verdict or Judgment: Friday, March 13, 2020
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Partial quadriplegia results when van is rear-ended. $21.5M jury verdict. Madera County.

Farm worker is sitting in back row of passenger van when it is rear-ended while stopped at a railroad crossing. Liability admitted.

  • Case Name: Maclovio v. Brewer
  • Date of Verdict or Judgment: Friday, February 28, 2020
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Defense wins in rear-ender, claims over-treatment and no causation. Los Angeles County.

Million-dollar policy limits at stake after rear-ender causes only minor damage to vehicles.

  • Case Name: Davis v. Harano
  • Date of Verdict or Judgment: Monday, February 10, 2020
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Extent of soft-tissue injuries disputed after rear-ender. $113K. Ventura County.

Defendant driver makes U-turn in front of plaintiff; she rear-ends him.

  • Case Name: Sherry Cooksey v. Derrick Morris
  • Date of Verdict or Judgment: Friday, December 20, 2019
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Plaintiff suffers multiple fractures and TBI after defendant loses control of car. $5.6M. Ventura County.

Defendant Caltrans is blamed for drop off from roadway to shoulder that caused loss of control by defendant driver.

On March 3, 2020 the court granted defendant State of California, acting through the Department of Transportation ("Caltrans"),  the request for a new trial as to the amount of damages awarded to plaintiff James Collins pursuant to Code of Civil Procedure section 657(7). (See more detailed information from order in Additional Notes section.)

  • Case Name: Collins v. Barragan, et al.
  • Date of Verdict or Judgment: Thursday, November 21, 2019
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Low-speed crash at 4-way stop. $513K. Los Angeles County.

Eggshell plaintiff's car is struck at intersection at low impact.

  • Case Name: William Ochoa v. County of Los Angeles
  • Date of Verdict or Judgment: Tuesday, October 29, 2019
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Extent of injuries disputed after rear-ender at traffic light. $197K. Los Angeles County.

$100K policy is opened up when defendant argues extent of injury after rear-ender.

  • Case Name: Lucas D. Kurzon v. Terilyn Rawson; Beau Thetford
  • Date of Verdict or Judgment: Thursday, October 24, 2019
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Right of way contested in left-turn collision. $11M. Los Angeles County.

Liability is contested at controlled intersection after T-bone accident; insurer initially refuses $15K policy limits demand.

  • Case Name: Norma McPhoy v. Luis Antonio Mendez Ramirez, et al.
  • Date of Verdict or Judgment: Wednesday, September 18, 2019
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Driver's left-turn collision results in serious injuries to passenger. $2M. Orange County.

Liability conceded but extent of injuries disputed.

  • Case Name: Tammy Bliss v. Mazda Motor of America, Inc.
  • Date of Verdict or Judgment: Friday, September 06, 2019
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Full-stop rear-ender, injury disputed. $23K. Placer County.

To counter the defense argument as to extent of injury, plaintiff called the treating physician from Kaiser to testify that plaintiff was an active patient with no prior spine injuries/conditions. 

  • Case Name: Martin v. Maynard
  • Date of Verdict or Judgment: Tuesday, September 03, 2019
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