Rear-ender with back injury and surgery. $1 million. Ventura County.

Summary

Liability is admitted but extent of injury and care is disputed.

The Case

  • Case Name: Mayra Silva v. James Allen Ramos
  • Court and Case Number: Ventura County Superior Court / 56-2014-00454537
  • Date of Verdict or Judgment: Friday, March 17, 2017
  • Date Action was Filed: Monday, June 23, 2014
  • Type of Action: Vehicles - Auto vs. Auto, Vehicles – rear-ender
  • Judge or Arbitrator(s): Hon. Rocky Baio
  • Plaintiffs:
    Mayra Silva, 23, fast food worker.
  • Defendants:
    James Allen Ramos
  • Type of Result: Jury Verdict

The Result

  • Gross Verdict or Award: $1,090,716.75
  • Net Verdict or Award: $1,090,716.75
  • Economic Damages:

    Past medical expense: $159,043.65

    Future medical expense: $42,033.10

    Past lost earnings: $64,640

    Future lost earnings: $25,000

  • Non-Economic Damages:

    Past pain and suffering: $250,000

    Future pain and suffering: $550,000

  • Trial or Arbitration Time: 7 days.
  • Jury Deliberation Time: 2 1/2 days.

The Attorneys

  • Attorney for the Plaintiff:

    Quirk Law Firm, LLP by Trevor Quirk, Ventura.

  • Attorney for the Defendant:

    Hoppe Law Group by Theodore Hoppe, Fresno.

The Experts

  • Plaintiff’s Medical Expert(s):

    Richard Scheinberg, M.D., orthopedic surgery, Santa Barbara.

  • Defendant's Medical Expert(s):

    Richard Kahmann, M.D., orthopedic surgery, Santa Barbara.

  • Plaintiff's Technical Expert(s):

    Barbara Greenfield, life care planning, South Pasadena.

    Phillip Sidlow, vocational rehabilitation, Los Angeles.

  • Defendant's Technical Expert(s):

    Joanne Latham, life care planning, Encino.

    Stephanie Rizzardi, economics, San Marino.

    Rick Sarkisian, Ph.D., vocational rehabilitation.

Facts and Background

  • Facts and Background:

    Plaintiff was rear-ended on Highway 101 in Ventura on November 8, 2013. Negligence was stipulated by defendant. Plaintiff's back and neck were injured and she underwent back surgery.

  • Plaintiff's Contentions:

    That defendant's negligent driving caused plaintiff's injuries.

  • Defendant's Contentions:

    That plaintiff's back surgery was unnecessary and that plaintiff needed minimal future care.

Injuries and Other Damages

  • Physical Injuries claimed by Plaintiff:

    L4-5 discectomy, soft tissue neck injuries.

Special Damages

  • Special Damages Claimed - Past Medical: $159,043.65
  • Special Damages Claimed - Future Medical: $147,000
  • Special Damages Claimed - Past Lost Earnings: $64,640
  • Special Damages Claimed - Future Lost Earnings: $954,000

Demands and Offers

  • Plaintiff §998 Demand: On May 20,2016: $699,000.
  • Plaintiff Final Demand before Trial: In 2014: policy limits of $100,000.

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.

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