Plaintiff beats CCP 998 in rear-ender with disputed injuries. $1M. Los Angles County.
Liability admitted. Nature and extent of damages disputed when two pickup trucks collide.
- 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
- Gross Verdict or Award: $1,075,000
- Economic Damages:
- Non-Economic Damages:
- Trial or Arbitration Time: 4 days.
- Jury Deliberation Time: 1 hour, 20 minutes.
- Jury Polls: 12-0
- Attorney for the Plaintiff:
Rodriguez Apodaca Law Firm LLP by Richard A. Apodaca, Ontario.
- Attorney for the Defendant:
McClaugherty & Associates by Jay McClaugherty, Arcadia.
- 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 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