Collision between auto and semi-truck. Defense. Orange County.

Summary

Both drivers were making right-hand turns when they collided.

The Case

  • Case Name: Melissa Hays v. Alma Renteria, Robertson's Transport
  • Court and Case Number: Orange County Superior Court / 30-2014-00751647-CU-PA-CJC
  • Date of Verdict or Judgment: Friday, June 29, 2018
  • Date Action was Filed: Friday, October 17, 2014
  • Type of Case: MIST (Minor impact, soft tissue), Vehicles - Right Turn, Vehicles - Tractor Trailers, Vehicles - Truck vs. Auto
  • Judge or Arbitrator(s): Hon. Glenn R. Salter
  • Plaintiffs:
    Melissa Hays, 29, hairdresser.
  • Defendants:
    Alma Renteria, truck driver.
    Robertson's Transport, defendant driver's employer.
  • Type of Result: Jury Verdict

The Result

  • Gross Verdict or Award: Defense.
  • Net Verdict or Award: Memorandum of Costs of $19,095 against plaintiff.
  • Trial or Arbitration Time: 3 days.
  • Jury Deliberation Time: 2 hours.
  • Jury Polls: 10-2.

The Attorneys

  • Attorney for the Plaintiff:

    Carpenter Zuckerman & Rowley by John Kawai, Ojai.

  • Attorney for the Defendant:

    Colman Law Group by James Perkins, Glendale.

The Experts

  • Plaintiff’s Medical Expert(s):

    Arthur Kreitenberg, M.D., orthopedic surgery, Beverly Hills.

     

  • Defendant's Medical Expert(s):

    Thomas Grogan, M.D., orthopedic surgery, Beverly Hills.

  • Plaintiff's Technical Expert(s):

    Mark Burns, accident reconstruction.

  • Defendant's Technical Expert(s):

    Kirk Hunter, accident reconstruction.

Facts and Background

  • Facts and Background:

    Plaintiff attempted to make a right turn at the corner of Calle de los Molinos and Avenue Pico in San Clemente, alongside the semi truck driven by defendant which was also turning right. An impact occurred between the left front of plaintiff's car and the right side of the rear truck trailer.

  • Plaintiff's Contentions:

    That defendant truck driver made an unsafe right turn.

  • Defendant's Contentions:

    That plaintiff, attempting to make her right turn, unsafely attempted to pass the truck.

Injuries and Other Damages

  • Physical Injuries claimed by Plaintiff:

    Soft tissue injuries to neck and back; derangement of left shoulder requiring surgery.

Special Damages

  • Special Damages Claimed - Past Medical: $16,469
  • Special Damages Claimed - Future Medical: $32,000
  • Special Damages Claimed - Past Lost Earnings: Waived.
  • Special Damages Claimed - Future Lost Earnings: Waived.

Demands and Offers

  • Plaintiff §998 Demand: $99,999
  • Plaintiff Final Demand before Trial: $75,000
  • Defendant §998 Offer: $13,000
  • Defendant Final Offer before Trial: $13,000