Left-turn collision results in neck, back injuries. $152K. Los Angeles County.
Liability is accepted but causation is disputed owing to plaintiff's prior injury accidents.
- Case Name: Victor Hernandez v. Cheryl Hyland
- Court and Case Number: Los Angeles Superior Court / BC615394
- Date of Verdict or Judgment: Thursday, May 17, 2018
- Date Action was Filed: Tuesday, November 08, 2016
- Type of Action: Vehicles - Auto vs. Auto, Vehicles - Left Turn
- Judge or Arbitrator(s): Hon. Mark Borenstein
- Plaintiffs: Victor Hernandez, 52, maintenance supervisor for the City of LA.
- Defendants: Cheryl Hyland
- Type of Result: Jury Verdict
- Gross Verdict or Award: $152,000
- Economic Damages:
Past medical expenses: $33,000
- Non-Economic Damages:
- Trial or Arbitration Time: 5 days.
- Jury Deliberation Time: 3 hours.
- Jury Polls: Not polled.
- Post Trial Motions & Post-Verdict Settlements: Plaintiff CCP 998 costs of approximately $35,000.
- Attorney for the Plaintiff:
Bisnar | Chase, LLP by H. Gavin Long, Newport Beach.
Paris Law Firm by Eric Paris, Chino Hills.
- Attorney for the Defendant:
McClaugherty & Associates by Jay S. McClaugherty, Arcadia.
- Plaintiff’s Medical Expert(s):
Frank Giacobetti, M.D., orthopedic surgery, Manhattan Beach.
Hormoz Zahiri, M.D., orthopedic surgery, Los Angeles.
- Defendant's Medical Expert(s):
Babak Barcohana, M.D., orthopedic surgery, Van Nuys.
Facts and Background
- Facts and Background:
Defendant was traveling down El Segundo Boulevard, and made a left-hand turn into a business driveway, colliding with plaintiff as plaintiff was traveling on El Segundo Boulevard in the opposite direction.
- Plaintiff's Contentions:
That defendant violated plaintiff's right-of-way. That plaintiff suffered injuries as a result of defendant driver's negligence in causing the collision.
- Defendant's Contentions:
That plaintiff was involved in three prior accidents. Plaintiff was involved in the last prior accident one year before the accident at issue. Defendant argued the accident was not a substantial factor in causing harm to plaintiff. If it was, plaintiff suffered soft tissue injuries which should have resolved in 6-8 weeks. Plaintiff had numerous gaps in treatment including not receiving the injections until two years after they were recommended.
Injuries and Other Damages
- Physical Injuries claimed by Plaintiff:
Neck and back injuries. Facet injury requiring physical therapy and two injections.
- Special Damages Claimed - Past Medical: $33,000
Demands and Offers
- Plaintiff §998 Demand: $50,000 policy limits.
- Defendant §998 Offer: $25,000