Housekeeper with fractures, chronic pain syndrome awarded $5.1 million. Imperial County.
Housekeeper, 59, suffers hip, back and ankle fractures after collision with truck, causing multiple surgeries and leaving her with chronic pain syndrome.
- Case Name: Gonzalez v. Joe Heger Farms LLC; Jose Maneses
- Court and Case Number: Imperial County Superior Court / ECU 08139
- Date of Verdict or Judgment: Monday, October 19, 2015
- Date Action was Filed: Friday, March 14, 2014
- Type of Action: Vehicles - Left Turn
- Judge or Arbitrator(s): Hon. L. Brooks Anderholt
Plaintiffs: Elvia Gomez Gonzalez, 59, housekeeper.
Defendants: Joe Heger Farms LLCJose Maneses
- Type of Result: Jury Verdict
- Gross Verdict or Award: $5,138,359
Award as to each Defendant:
Joint & several
- Trial or Arbitration Time: 6 days.
- Jury Deliberation Time: 4 hours.
- Post Trial Motions & Post-Verdict Settlements: Tax costs
Attorney for the Plaintiff:
Panish Shea & Boyle, LLP by Thomas Schultz, Brian Panish and Spencer Lucas, Los Angeles.
Attorney for the Defendant:
Borton Petrini LLP by Paul Kissel and Jonathan P. Geen, San Diego.
Plaintiff’s Medical Experts: Pablo Pazmino, MDBrad Cohen, MDSanjog Pangarkar, MDDavid Duffner, MDMichael Bell, MDMatthew Kozloff, MDR. Khaezani, MDJan Roughan, RN. Life Care Planning.
Defendant's Medical Experts: Jerome Stenehjem, MDAmy Sutton, Ph.D., RN
Plaintiff's Technical Experts: John Brault, BiomechanicalPeter Formuzis, Economic
Defendant's Technical Experts: Richard Holstrom, CPA
Facts and Background
Facts and Background:
On the morning of December 6, 2013, plaintiff was proceeding in her car straight on Ferrell Road in Imperial County when a truck being driven by Jose Maneses made a left turn in front of her, resulting in a collision. Defendant Maneses was in the course and scope of employment for Joe Heger Farms LLC at the time of the accident.
That defendant was negligent and the cause of plaintiff's injuries.
Admitted liability, but the nature and extent of future injuries and care were disputed.
Injuries and Other Damages
Physical Injuries claimed by Plaintiff:
Fractured left ankle; dislocated right ankle; fractured left hip requiring replacement; low back disc requiring fusion; multiple soft tissue injuries; future left knee replacement; possible future back surgery; possible future shoulder surgery. Chronic pain syndrome.
Inability to return to work as a housekeeper.
- Special Damages Claimed - Past Medical: $422,255 stipulated.
- Special Damages Claimed - Future Medical: $2,400,000
- Special Damages Claimed - Past Lost Earnings: $18,200 stipulated.
- Special Damages Claimed - Future Lost Earnings: $85,327; Family services $1,000,000.
Demands and Offers
- Plaintiff §998 Demand: $6,000,000
Defense admitted past economic damages as well as injuries caused by the accident. Plaintiff's counsel asked for jury award of $19,500,000. Defenses recommended jury award of $3,000,000. Plaintiff did not beat her CCP section 998 offer.