Defendant ran red light. $173K. San Bernardino County.

Summary

Defendant claims excessive medical care and pre-existing conditions.

The Case

  • Case Name: Mildred Najera v. City of Upland
  • Court and Case Number: San Bernardino / CIVDS1505973
  • Date of Verdict or Judgment: Tuesday, July 17, 2018
  • Date Action was Filed: Thursday, May 28, 2015
  • Type of Action: Course and scope of employment, Vehicles - Auto vs. Auto, Vehicles - Intersection
  • Judge or Arbitrator(s): Hon. Wilfred Schneider
  • Plaintiffs:
    Mildred Najera, 46, business owner.
  • Defendants:
    City of Upland
  • Type of Result: Jury Verdict

The Result

  • Gross Verdict or Award: $173,000
  • Economic Damages:

    Past medical: $73,000

  • Non-Economic Damages:

    Past: $100,000

  • Trial or Arbitration Time: 6 days.
  • Jury Deliberation Time: 1 1/2 hours.
  • Jury Polls: Not polled.
  • Post Trial Motions & Post-Verdict Settlements: Plaintiff beat CCP 998 of $150,000. Approximately $35,000 in interests and costs.

The Attorneys

  • Attorney for the Plaintiff:
  • Attorney for the Plaintiff:

    Bisnar | Chase, LLP by H. Gavin Long, Newport Beach.

  • Attorney for the Defendant:
  • Attorney for the Defendant:

    Law Offices of Robert Gokoo by Robert Gokoo, Santa Ana.

The Experts

  • Plaintiff’s Medical Expert(s):

    Michael Mohamani, M.D., orthopedic surgery, Santa Ana.

  • Defendant's Medical Expert(s):

    Robert Wilson, M.D., orthopedic surgery, Beverly Hills.

    Henry Lubow, M.D., internal medicine, Calabasas.

Facts and Background

  • Facts and Background:

    On June 4, 2014, defendant was traveling on Mountain Avenue in the city of Upland. As the defendant driver was traveling through the intersection of Mountain and 16th Street, he ran a red light and crashed into the plaintiff. Defendant driver was employed by the City of Upland and was in the course and scope of his employment at the time of the collision.

  • Plaintiff's Contentions:

    That plaintiff suffered an aggravation of neck and back injuries and a rotator cuff tear caused by the collision.

  • Defendant's Contentions:

    Plaintiff had long-standing neck, back and shoulder pain going back to 2009. Plaintiff did not complain of any shoulder pain until three months after the crash. Plaintiff had 10 to 12 weeks of exacerbated neck and back pain, and then her pain level went back to her baseline before the crash. The medical bills were unreasonable as well.

Injuries and Other Damages

  • Physical Injuries claimed by Plaintiff:

    Aggravation of neck and back pain and a rotator cuff tear requiring arthroscopic surgery.

Special Damages

  • Special Damages Claimed - Past Medical: $73,000

Demands and Offers

  • Plaintiff §998 Demand: $150,000
  • Defendant Final Offer before Trial: $55,000

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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