Motorcyclist beats 998 offer from County of Los Angeles after collision. $750K. Los Angeles County.
Summary
County truck changes lanes and strikes motorcyclist. Defense says plaintiff was driving unsafely.
The Case
- Case Name: Juan Andres Espinosa Torres v. Edmond Trapp and LA County MTA
- Court and Case Number: Los Angeles Superior Court / 20STCV35061
- Date of Verdict or Judgment: Wednesday, July 24, 2024
- Date Action was Filed: Thursday, October 08, 2020
- Type of Case: Vehicles - Motorcycle
- Judge or Arbitrator(s): Hon. Ian Fusselman
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Plaintiffs: Juan Andres Espinosa Torres
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Defendants: Los Angeles County MTAEdmond Trapp
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $750,000
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Award as to each Defendant:
Joint.
- Contributory/Comparative Negligence: Alleged, but jury found no contributory fault.
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Non-Economic Damages:
$750,000
- Trial or Arbitration Time: 8 days
- Jury Deliberation Time: 1 1/2 days
- Jury Polls: Unanimous for plaintiff
The Attorneys
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Attorney for the Plaintiff:
JT Legal Group, APC by Paul N. Philips and Sofia Tamazyan, Glendale.
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Attorney for the Defendant:
Thomas Law Firm Incorporated by Allen L. Thomas, Long Beach.
The Experts
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Plaintiff’s Medical Expert(s):
Babak Samimi, M.D., orthopedic surgery.
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Defendant's Medical Expert(s):
Kevin Ehrhart, M.D., orthopedic surgery.
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Plaintiff's Technical Expert(s):
None.
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Defendant's Technical Expert(s):
Edward Milich, accident reconstruction.
Facts and Background
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Facts and Background:
LA County MTA truck changed lanes in downtown Los Angeles, resulting in a sideswipe collision with plaintiff motorcyclist.
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Plaintiff's Contentions:
Plaintiff contended that defendant driver Trapp made an unsafe lane change, in the course and scope of employment by the LA County MTA, into a lane in which plaintiff was established.
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Defendant's Contentions:
Defendants contended plaintiff was speeding, and executed unsafe and illegal maneuvers on his motorcycle, causing the collision.
Defendants also claimed plaintiff failed to mitigate damages, and that plaintiff underwent an unnecessary arthroscopic surgery to repair a partially torn ACL.
Injuries and Other Damages
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Physical Injuries claimed by Plaintiff:
Plaintiff suffered boxer's fractures in two (2) metacarpals in the left hand, a hairline tibial plateau fracture, and underwent arthroscopic surgery to repair a partially torn ACL in the left knee.
Special Damages
- Special Damages Claimed - Past Medical: Plaintiff incurred past medical bills of approximately $125,000, which plaintiff waived mid-trial.
- Special Damages Claimed - Future Medical: Waived.
Demands and Offers
- Plaintiff §998 Demand: $400,000, which expired unanswered.
- Defendant §998 Offer: $100,000