Plaintiff beats CCP 998 in rear-ender with disputed injuries. $1M. Los Angles County.

Summary

Liability admitted. Nature and extent of damages disputed when two pickup trucks collide.

The Case

Case Name: Bravo v. Garcia
Court and Case Number: Los Angeles Superior Court / BC604951
Date of Verdict or Judgment: Thursday, November 29, 2018
Date Action was Filed: Tuesday, December 22, 2015
Type of Action: Vehicles - Freeway, Vehicles – rear-ender
Judge or Arbitrator(s): Hon. Charles Palmer
Plaintiffs:
Rene Bravo, 53, male, box designer.
Defendants:
Arturo Garcia
Type of Result: Jury Verdict

The Result

Gross Verdict or Award: $1,075,000
Economic Damages:
$575,000
Non-Economic Damages:
$475,000
Trial or Arbitration Time: 4 days.
Jury Deliberation Time: 1 hour, 20 minutes.
Jury Polls: 12-0

The Attorneys

Attorney for the Plaintiff:
Rodriguez Apodaca Law Firm LLP by Richard A. Apodaca, Ontario.
Attorney for the Defendant:
McClaugherty & Associates by Jay McClaugherty, Arcadia.

The Experts

Plaintiff’s Medical Expert(s):
Stepan Kasimian, MD; HASS Spine & Orthopedics; Glendale
Defendant's Medical Expert(s):
Babak Barohanda, MD; Southern California Ortho Institute; Van Nuys CA
Philip D. Rake, D.C., D.A.B.C.O.; Philip D. Rake Chiropractic, Inc., Montrose

Facts and Background

Facts and Background:
On July 19, 2014, plaintiff was driving his Chevy Tahoe on the 110 freeway when he came to a complete stop and was rear-ended by defendant in a Ford F-150. Plaintiff’s vehicle was a total loss.
Plaintiff's Contentions:
Plaintiff suffered chronic pain to lower back, including disc protrusions of 5-6 mm at L4-L5, and 6-7 mm at L5-S1. Seven months of medical treatment following crash, including orthopedic evaluation, physical therapy, and chiropractic care. Plaintiff then had a gap in treatment of approximately two years with no injections or any other conservative treatment.
Defendant's Contentions:
Defendant admitted liability, but disputed nature and extent of injuries. Further, contended injuries were sprain/strain and should have been resolved.

Injuries and Other Damages

Physical Injuries claimed by Plaintiff:
Plaintiff suffered chronic pain to lower back, including disc protrusions of 5-6 mm at L4-L5, and 6-7 mm at L5-S1.

Special Damages

Special Damages Claimed - Past Medical: Waived.
Special Damages Claimed - Future Medical: $500,000

Demands and Offers

Plaintiff §998 Demand: $100,000
Plaintiff Final Demand before Trial: $500,000
Defendant §998 Offer: $10,000
Defendant Final Offer before Trial: $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.