Housekeeper with fractures, chronic pain syndrome awarded $5.1 million. Imperial County.

Summary

Housekeeper, 59, suffers hip, back and ankle fractures after collision with truck, causing multiple surgeries and leaving her with chronic pain syndrome.

The Case

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 Case: Vehicles - Left Turn
Judge or Arbitrator(s): Hon. L. Brooks Anderholt
Plaintiffs:
Elvia Gomez Gonzalez, 59, housekeeper.
Defendants:
Joe Heger Farms LLC
Jose Maneses
Type of Result: Jury Verdict

The Result

Gross Verdict or Award: $5,138,359
Award as to each Defendant:
Joint & several
Economic Damages:
$1,888,359
Non-Economic Damages:
$3,250,000
Punitive Damages:
None.
Trial or Arbitration Time: 6 days.
Jury Deliberation Time: 4 hours.
Post Trial Motions & Post-Verdict Settlements: Tax costs

The Attorneys

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.

The Experts

Plaintiff’s Medical Experts:
Pablo Pazmino, MD
Brad Cohen, MD
Sanjog Pangarkar, MD
David Duffner, MD
Michael Bell, MD
Matthew Kozloff, MD
R. Khaezani, MD
Jan Roughan, RN. Life Care Planning.
Defendant's Medical Experts:
Jerome Stenehjem, MD
Amy Sutton, Ph.D., RN
Plaintiff's Technical Experts:
John Brault, Biomechanical
Peter 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.
Plaintiff's Contentions:
That defendant was negligent and the cause of plaintiff's injuries.
Defendant's Contentions:
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

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

Additional Notes

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.