Tree branch falls, hitting driver of work truck. $4.3M. San Francisco County.

Summary

Tree branch suddenly falls onto truck; driver injured and claims the accident caused depression.

The Case

Case Name: Smith v. St. Francis Homes Association
Court and Case Number: San Francisco Superior Court / CGC-19-574365
Date of Verdict or Judgment: Tuesday, November 01, 2022
Date Action was Filed: Thursday, March 07, 2019
Type of Action: Falling Object Accident
Judge or Arbitrator(s): Hon. Vedica Puri
Plaintiffs:
Maurice Smith
Defendants:
St. Francis Homes Association
Type of Result: Jury Verdict

The Result

Gross Verdict or Award: $4,300,00
Contributory/Comparative Negligence: None.
Economic Damages:
Future lost earnings: $3,500,000
Non-Economic Damages:
$800,000
Trial or Arbitration Time: 13 days
Jury Deliberation Time: 5 hours
Jury Polls: 9-3

The Attorneys

Attorney for the Plaintiff:
Altair Law by Craig M. Peters, San Francisco.
Kawahito Law Group by James Kawahito,Culver City.
Attorney for the Defendant:
Kaufman Dolowich & Voluck by Aimee Hamoy and Rogelio Serrano, San Francisco.

The Experts

Plaintiff’s Medical Expert(s):
Piers Barry, M.D., orthopedic surgery.
Alireza Bagherian, D.C., QME, functional capacity examinations.
Mark D'Esposito, M.D., neurology.
Dawn Osterweil, Ph.D., neuropsychology.
Defendant's Medical Expert(s):
Robert Purchase, M.D., orthopedic surgery.
Mark Strassberg, M.D., neurology.
Joanna Berg, Ph.D., psychology.
William Hoddick, M.D., radiology.
Plaintiff's Technical Expert(s):
Maria Brady, vocational rehabilitation.
Robert Johnson, forensic economics.
Ken Solomon, accident reconstruction, biomechanics and human factors.
Defendant's Technical Expert(s):
Ben Ewers, accident reconstruction and biomechanics.
Roy Leggitt, arborist.
Carla Kelley, vocational rehabilitation.
Eric Drabkin, forensic economics.

Facts and Background

Facts and Background:
On April 11, 2018, 35-year-old plaintiff was working for Recology as a garbage collector, driving his truck through St. Francis Wood, a residential neighborhood in San Francisco. A large, dead tree branch broke from a tree above and fell into and shattered the driver's side window of the vehicle plaintiff was driving.
The incident resulted in a concussion and a torn rotator cuff, leading to clinical depression and anxiety.
Plaintiff's Contentions:
Plaintiff's depression and anxiety were real, and were caused by/as a direct result of the accident.
Defendant's Contentions:
Plaintiff is lying about the incident, his symptoms and his injuries.

Injuries and Other Damages

Physical Injuries claimed by Plaintiff:
Concussion, torn rotator cuff, cognitive deficits due to post-concussive syndrome, clinical depression, clinical anxiety, PTSD.

Special Damages

Special Damages Claimed - Past Medical: 0
Special Damages Claimed - Future Medical: 0
Special Damages Claimed - Future Lost Earnings: $3,500,000

Demands and Offers

Plaintiff §998 Demand: $1,500,000
Defendant §998 Offer: $301,000
Defendant Offer during Trial: $500,000

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.