Defendant driver blames plaintiff and ongoing construction for crash. $3.3M. Riverside County.
Truck towing trailer collides with auto at intersection, defendant blames plaintiff and ongoing construction.
- Case Name: Leann Bibbie v. A-Quality Transport, LLC, et al.
- Court and Case Number: Riverside County Superior Court / RIC1710599
- Date of Verdict or Judgment: Thursday, April 18, 2019
- Type of Action: Vehicles - Left Turn
- Judge or Arbitrator(s): Hon. Chad W. Firetag
- Plaintiffs: Leann Bibbie
- Defendants: A-Quality Transport, LLC
- Type of Result: Jury Verdict
- Gross Verdict or Award: $3,328,841.90
- Contributory/Comparative Negligence: 100% liability against defendant.
- Economic Damages:
- Non-Economic Damages:
- Trial or Arbitration Time: 10 days.
- Jury Deliberation Time: 2 days.
- Post Trial Motions & Post-Verdict Settlements: Defendants filed a Motion for New Trial, which has been denied.
- Attorney for the Plaintiff:
The Law Firm of Joseph H. Low, IV, Inc. by Joseph H. Low, IV, Long Beach.
Dordick Law Corporation by Alaa A. Yasin, Beverly Hills.
- Attorney for the Defendant:
Law Offices of Dea & Dea by Michael Dea and Mark Dea, Vista.
- Plaintiff’s Medical Expert(s):
Kasra Rowshan, M.D., neurosurgery, Newport Beach.
Brian King, M.D., neuroradiology, Los Angeles.
Andrew Morris, DC, medical billing, Torrance.
- Defendant's Medical Expert(s):
Anthony Fenison, M.D., orthopedic surgery, Moreno Valley.
Stephen L.G. Rothman, M.D. - neuroradiology, Los Angeles.
Agnes M. Grogan, R.N., medical billing, Huntington Beach.
- Plaintiff's Technical Expert(s):
Ted Kobayashi, accident reconstruction, Livermore.
Winthrop Smith, Ph.D., biomechanics, Livermore.
Facts and Background
- Facts and Background:
On March 21, 2016, plaintiff was traveling eastbound on Heacock Street in the City of Moreno Valley. The defendant driver was operating a truck with an attached cart hauler trailer, while in the course and scope of his employment with defendant A-Quality Transport, LLC, proceeding northbound on Perris Boulevard approaching the left turn curve where Perris Boulevard turns into Heacock Street.
As plaintiff approached the curve where Heacock Street and Perris Boulevard meet, defendant, approaching from the opposite direction, was unable to make the left turn and in his attempt, crossed over to plaintiff’s lane with the trailer and struck plaintiff’s vehicle.
- Plaintiff's Contentions:
That defendant driver was the sole and proximate cause of the accident. That defendant driver failed to make sure he was able to make the turn safely while towing the trailer.
- Defendant's Contentions:
That plaintiff was driving her vehicle over the center divider lane and was negligent in the operation of her vehicle. Also, that the collision was caused by ongoing construction along Heacock Street and Perris Boulevard and that the impact was minor, and plaintiff could not have sustained injuries requiring surgery.
Injuries and Other Damages
- Physical Injuries claimed by Plaintiff:
Herniated discs in the cervical spine which required a three-level cervical disc fusion; injury to left shoulder and arm, and low back.
Demands and Offers
- Plaintiff §998 Demand: $249,999
- Defendant §998 Offer: $120,000