Negligence claimed after salesperson activated a winch that crushed plaintiff's finger. $5.4M. Los Angeles County.
Summary
Plaintiff was holding onto the hook when winch was moving; required amputation of his right index finger. CRPS disputed.
The Case
- Case Name: Gustavo Gomez v. DAMLA, Inc. dba Del Amo Motorsports of Los Angeles
- Court and Case Number: Los Angeles Superior Court / 22STCV21758
- Date of Verdict or Judgment: Thursday, February 27, 2025
- Type of Case: Negligence
- Judge or Arbitrator(s): Hon. Graciela L. Freixes
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Plaintiffs: Gustavo Gomez, 33
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Defendants: DAMLA, Inc. dba Del Amo Motorsports of Los Angeles
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $5,465,508
- Net Verdict or Award: $4,809,641
- Contributory/Comparative Negligence: 88% on defendant; 12% on plaintiff.
- Trial or Arbitration Time: 11 days
- Jury Deliberation Time: 1 day
- Jury Polls: 11-1 (liability); 10-2 (damages)
The Attorneys
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Attorney for the Plaintiff:
Nguyen Lawyers, ALC by Minh T. Nguyen and Lakshmi Odedra, Long Beach.
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Attorney for the Defendant:
MG+M The Law Firm by Daniel P. Schrader and Dane Schrader, San Francisco and Los Angeles.
The Experts
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Plaintiff's Medical Expert(s):
Kenneth Sabbag, M.D., hand orthopedic surgery.
Joshau Prager, M.D., Complex Regional Pain Syndrome.
Annette Billings, M.D., hand surgery. (Treating physician.)
David Fish, M.D., life care planning.
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Defendant's Medical Expert(s):
Ross Nathan, M.D., hand orthopedic surgery.
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Plaintiff's Technical Expert(s):
Richard Sarkisian, vocational rehabilitation.
Justin Klinkenberg, economics.
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Defendant's Technical Expert(s):
David Weiner, economics.
Tyler Shaw, accident reconstruction and biomechanics.
Mary Jesko, billings.
Mark Remus, vocational rehabilitation.
Facts and Background
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Facts and Background:
In February 2022, plaintiff was shopping for an All-Terrain Vehicle (ATV). He went to the Del Amo Motorsports store in Paramount. A salesperson was showing plaintiff a particular CF Moto ATV that has a winch mounted on the front. During the demonstration, the salesperson activated the winch while plaintiff was holding onto the hook. Plaintiff's right index finger was pinched between the hook and the fair leads, causing a significant crush injury. His right index finger was amputated.
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Plaintiff's Contentions:
That DAMLA, Inc.’s is vicariously liable for its employee’s negligence for activating the winch while the customer was holding onto the hook.
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Defendant's Contentions:
Defendant conceded negligence but argued that Gomez was up to 33% comparatively negligent for not heeding the salesperson’s warning not to hold the hook and the warning on the hook itself not to hold it.
Defendant also contended that CF Moto was 33% negligent in its assembly of the winch cable.
Defendant disputed the diagnosis of CRPS.
Injuries and Other Damages
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Physical Injuries claimed by Plaintiff:
Gomez was diagnosed with Complex Regional Pain Syndrome (CRPS) 2 1/2 years after the incident.
Special Damages
- Special Damages Claimed - Past Medical: $248,000 (for CRPS treatment)
- Special Damages Claimed - Future Medical: $1,400,000
- Special Damages Claimed - Past Lost Earnings: $267,508 (agreed amount)
- Special Damages Claimed - Future Lost Earnings: $2,800,000 - $4,000,000
Demands and Offers
- Plaintiff §998 Demand: $10,000,000
- Defendant §998 Offer: $950,000
Additional Notes
Neither party obtained a more favorable verdict than their CCP 998 offers.
During trial, defendant's last best offer was $3,500,000. Plaintiff's last best offer was $7,000,000.
Plaintiff wife of Gustavo Gomez, settled her loss of consortium claim before trial.
Per defense counsel:
Plaintiff at the close of the evidence made a demand of $20 million. Plaintiff asked the jury to award $300 million.