Plaintiff beats CCP 998 in rear-ender with disputed injuries. $1M. Los Angles County.

Summary

Liability admitted. Nature and extent of damages disputed when two pickup trucks collide.

The Case

  • Case Name: Bravo v. Garcia
  • Court and Case Number: Los Angeles Superior Court / BC604951
  • Date of Verdict or Judgment: Thursday, November 29, 2018
  • Date Action was Filed: Tuesday, December 22, 2015
  • Type of Action: Vehicles - Freeway, Vehicles – rear-ender
  • Judge or Arbitrator(s): Hon. Charles Palmer
  • Plaintiffs:
    Rene Bravo, 53, male, box designer.
  • Defendants:
    Arturo Garcia
  • Type of Result: Jury Verdict

The Result

  • Gross Verdict or Award: $1,075,000
  • Economic Damages:

    $575,000

  • Non-Economic Damages:

    $475,000

  • Trial or Arbitration Time: 4 days.
  • Jury Deliberation Time: 1 hour, 20 minutes.
  • Jury Polls: 12-0

The Attorneys

  • Attorney for the Plaintiff:

    Rodriguez Apodaca Law Firm LLP by Richard A. Apodaca, Ontario.

  • Attorney for the Defendant:

    McClaugherty & Associates by Jay McClaugherty, Arcadia.

The Experts

  • Plaintiff’s Medical Expert(s):

    Stepan Kasimian, MD; HASS Spine & Orthopedics; Glendale

  • Defendant's Medical Expert(s):

    Babak Barohanda, MD; Southern California Ortho Institute; Van Nuys CA

    Philip D. Rake, D.C., D.A.B.C.O.; Philip D. Rake Chiropractic, Inc., Montrose

Facts and Background

  • Facts and Background:

    On July 19, 2014, plaintiff was driving his Chevy Tahoe on the 110 freeway when he came to a complete stop and was rear-ended by defendant in a Ford F-150. Plaintiff’s vehicle was a total loss.

  • Plaintiff's Contentions:

    Plaintiff suffered chronic pain to lower back, including disc protrusions of 5-6 mm at L4-L5, and 6-7 mm at L5-S1. Seven months of medical treatment following crash, including orthopedic evaluation, physical therapy, and chiropractic care. Plaintiff then had a gap in treatment of approximately two years with no injections or any other conservative treatment.

  • Defendant's Contentions:

    Defendant admitted liability, but disputed nature and extent of injuries. Further, contended injuries were sprain/strain and should have been resolved.

Injuries and Other Damages

  • Physical Injuries claimed by Plaintiff:

    Plaintiff suffered chronic pain to lower back, including disc protrusions of 5-6 mm at L4-L5, and 6-7 mm at L5-S1.

Special Damages

  • Special Damages Claimed - Past Medical: Waived.
  • Special Damages Claimed - Future Medical: $500,000

Demands and Offers

  • Plaintiff §998 Demand: $100,000
  • Plaintiff Final Demand before Trial: $500,000
  • Defendant §998 Offer: $10,000
  • Defendant Final Offer before Trial: $100,000

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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