Fog and negligence involved in tractor trailer crash. $5.3M. Kings County.

Summary

Two tractor trailers collide as one makes left turn across traffic in foggy conditions.

The Case

Case Name: Garcia v. Freitas, et al.
Court and Case Number: Kings County Superior Court / 19C0358
Date of Verdict or Judgment: Monday, December 20, 2021
Date Action was Filed: Friday, October 11, 2019
Type of Action: Negligence, Vehicles - Tractor Trailers
Judge or Arbitrator(s): Hon. Kathy Ciuffini
Plaintiffs:
Jose Guadalupe Diaz Garcia, 67
Defendants:
Ryan Christopher Freitas
Shannon Bros. Co.
Type of Result: Jury Verdict

The Result

Gross Verdict or Award: $5,367,996
Award as to each Defendant:
10% defendant Ryan Freitas; 90% defendant Shannon Bros. Co.
Contributory/Comparative Negligence: None.
Economic Damages:
$1,967,996
Non-Economic Damages:
$3,400,000
Trial or Arbitration Time: 10 days
Jury Deliberation Time: 1 day

The Attorneys

Attorney for the Plaintiff:
BD&J, PC by Shawn McCann and Lauren Horwitz, Beverly Hills.
Attorney for the Defendant:
Borton Petrini, LLP by Maurice S. Kane, Redlands.

The Experts

Plaintiff’s Medical Expert(s):
Plaintiff's treating physicians.
Dawn Cook,RN, medical billing and life care planning.
Defendant's Medical Expert(s):
Michael Klassen, M.D., orthopedic surgery.
Miranda Van Horn, RN, BSN, CLCP, medical billing.
Plaintiff's Technical Expert(s):
Al Lowi, accident reconstruction.
V. Paul Herbert, trucking industry standards.
Defendant's Technical Expert(s):
Kenneth Solomon, human factors and biomechanics.
Wei Chao, accident reconstruction.
Bob Malek, demonstratives.

Facts and Background

Facts and Background:
Plaintiff was driving a tractor hauling two trailers. He was attempting to use a median left-turn lane from State Route 198 onto 2nd Avenue in Kings County to turn across multiple lanes of oncoming traffic. It was extremely foggy at the intersection and he turned after seeing several cars pass.
An oncoming tractor trailer hit plaintiff’s second trailer. Plaintiff’s accident reconstructionist testified that the speed at impact was 35 miles per hour. Plaintiff’s tractor was drivable after the collision.
Plaintiff's Contentions:
That defendant driver was negligent in operating the tractor trailer, which caused harm to plaintiff.
That defendant driver’s employer, Shannon Bros. Co., negligently hired, retained, and employed the driver. That the employer ignored several violations in the defendant driver’s record, and failed to give the defendant driver any training whatsoever about operating the tractor trailer.
Defendant's Contentions:
The employer defendant denied that they were responsible for training the defendant driver.
Defendant driver denied he was negligent in operating the vehicle.

Injuries and Other Damages

Physical Injuries claimed by Plaintiff:
Plaintiff suffered injury to his spine. He required chiropractic care, physical therapy, one epidural, a cervical fusion, and a trial placement of a spinal cord stimulator.
Plaintiff also claimed he suffered emotional distress and lost wages as a result of the collision.

Special Damages

Special Damages Claimed - Past Medical: $187,936
Special Damages Claimed - Future Medical: $1,620,060
Special Damages Claimed - Past Lost Earnings: $80,000
Special Damages Claimed - Future Lost Earnings: $80,000

Demands and Offers

Plaintiff Final Demand before Trial: $2,250,000
Defendant Final Offer before Trial: $1,500,000

Print this Verdict

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.