Housekeeper with fractures, chronic pain syndrome awarded $5.1 million. Imperial County.

Summary

Housekeeper, 59, suffers hip, back and ankle fractures after collision with truck, causing multiple surgeries and leaving her with chronic pain syndrome.

The Case

Case Name: Gonzalez v. Joe Heger Farms LLC; Jose Maneses
Court and Case Number: Imperial County Superior Court / ECU 08139
Date of Verdict or Judgment: Monday, October 19, 2015
Date Action was Filed: Friday, March 14, 2014
Type of Action: Vehicles - Left Turn
Judge or Arbitrator(s): Hon. L. Brooks Anderholt
Plaintiffs:
Elvia Gomez Gonzalez, 59, housekeeper.
Defendants:
Joe Heger Farms LLC
Jose Maneses
Type of Result: Jury Verdict

The Result

Gross Verdict or Award: $5,138,359
Award as to each Defendant:
Joint & several
Economic Damages:
$1,888,359
Non-Economic Damages:
$3,250,000
Punitive Damages:
None.
Trial or Arbitration Time: 6 days.
Jury Deliberation Time: 4 hours.
Post Trial Motions & Post-Verdict Settlements: Tax costs

The Attorneys

Attorney for the Plaintiff:
Panish Shea & Boyle, LLP by Thomas Schultz, Brian Panish and Spencer Lucas, Los Angeles.
Attorney for the Defendant:
Borton Petrini LLP by Paul Kissel and Jonathan P. Geen, San Diego.

The Experts

Plaintiff’s Medical Experts:
Pablo Pazmino, MD
Brad Cohen, MD
Sanjog Pangarkar, MD
David Duffner, MD
Michael Bell, MD
Matthew Kozloff, MD
R. Khaezani, MD
Jan Roughan, RN. Life Care Planning.
Defendant's Medical Experts:
Jerome Stenehjem, MD
Amy Sutton, Ph.D., RN
Plaintiff's Technical Experts:
John Brault, Biomechanical
Peter Formuzis, Economic
Defendant's Technical Experts:
Richard Holstrom, CPA

Facts and Background

Facts and Background:
On the morning of December 6, 2013, plaintiff was proceeding in her car straight on Ferrell Road in Imperial County when a truck being driven by Jose Maneses made a left turn in front of her, resulting in a collision. Defendant Maneses was in the course and scope of employment for Joe Heger Farms LLC at the time of the accident.
Plaintiff's Contentions:
That defendant was negligent and the cause of plaintiff's injuries.
Defendant's Contentions:
Admitted liability, but the nature and extent of future injuries and care were disputed.

Injuries and Other Damages

Physical Injuries claimed by Plaintiff:
Fractured left ankle; dislocated right ankle; fractured left hip requiring replacement; low back disc requiring fusion; multiple soft tissue injuries; future left knee replacement; possible future back surgery; possible future shoulder surgery. Chronic pain syndrome.
Inability to return to work as a housekeeper.

Special Damages

Special Damages Claimed - Past Medical: $422,255 stipulated.
Special Damages Claimed - Future Medical: $2,400,000
Special Damages Claimed - Past Lost Earnings: $18,200 stipulated.
Special Damages Claimed - Future Lost Earnings: $85,327; Family services $1,000,000.

Demands and Offers

Plaintiff §998 Demand: $6,000,000

Additional Notes

Defense admitted past economic damages as well as injuries caused by the accident. Plaintiff's counsel asked for jury award of $19,500,000. Defenses recommended jury award of $3,000,000. Plaintiff did not beat her CCP section 998 offer.

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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.