Left-turn collision results in neck, back injuries. $152K. Los Angeles County.

Summary

Liability is accepted but causation is disputed owing to plaintiff's prior injury accidents.

The Case

Case Name: Victor Hernandez v. Cheryl Hyland
Court and Case Number: Los Angeles Superior Court / BC615394
Date of Verdict or Judgment: Thursday, May 17, 2018
Date Action was Filed: Tuesday, November 08, 2016
Type of Case: Vehicles - Auto vs. Auto, Vehicles - Left Turn
Judge or Arbitrator(s): Hon. Mark Borenstein
Plaintiffs:
Victor Hernandez, 52, maintenance supervisor for the City of LA.
Defendants:
Cheryl Hyland
Type of Result: Jury Verdict

The Result

Gross Verdict or Award: $152,000
Economic Damages:
Past medical expenses: $33,000
Non-Economic Damages:
Past: $22,000

Future: $97,000
Trial or Arbitration Time: 5 days.
Jury Deliberation Time: 3 hours.
Jury Polls: Not polled.
Post Trial Motions & Post-Verdict Settlements: Plaintiff CCP 998 costs of approximately $35,000.

The Attorneys

Attorney for the Plaintiff:
Bisnar | Chase, LLP by H. Gavin Long, Newport Beach.

Paris Law Firm by Eric Paris, Chino Hills.
Attorney for the Defendant:
McClaugherty & Associates by Jay S. McClaugherty, Arcadia.

The Experts

Plaintiff’s Medical Expert(s):
Frank Giacobetti, M.D., orthopedic surgery, Manhattan Beach.

Hormoz Zahiri, M.D., orthopedic surgery, Los Angeles.
Defendant's Medical Expert(s):
Babak Barcohana, M.D., orthopedic surgery, Van Nuys.

Facts and Background

Facts and Background:
Defendant was traveling down El Segundo Boulevard, and made a left-hand turn into a business driveway, colliding with plaintiff as plaintiff was traveling on El Segundo Boulevard in the opposite direction.
Plaintiff's Contentions:
That defendant violated plaintiff's right-of-way. That plaintiff suffered injuries as a result of defendant driver's negligence in causing the collision.
Defendant's Contentions:
That plaintiff was involved in three prior accidents. Plaintiff was involved in the last prior accident one year before the accident at issue. Defendant argued the accident was not a substantial factor in causing harm to plaintiff. If it was, plaintiff suffered soft tissue injuries which should have resolved in 6-8 weeks. Plaintiff had numerous gaps in treatment including not receiving the injections until two years after they were recommended.

Injuries and Other Damages

Physical Injuries claimed by Plaintiff:
Neck and back injuries. Facet injury requiring physical therapy and two injections.

Special Damages

Special Damages Claimed - Past Medical: $33,000

Demands and Offers

Plaintiff §998 Demand: $50,000 policy limits.
Defendant §998 Offer: $25,000

Additional Notes

On the eve of trial the defense tendered the $50,000 policy. Plaintiff refused to accept this late settlement offer. Allstate was defendant's insurance carrier.