Defendant says plaintiff had pre-existing, degenerative conditions.
The Case
- Case Name: E. F. v. AZ Delivery Inc., and Alexis Madrigal
- Court and Case Number: Los Angeles Superior Court / 24STCV11121
- Date of Verdict or Judgment: Wednesday, July 01, 2026
- Date Action was Filed: Friday, May 03, 2024
- Type of Case: Vehicles - Auto vs. Auto, Vehicles - Intersection
- Judge or Arbitrator(s): Hon. Andrew Esbenshade
- Plaintiffs:
E.F., 46
- Defendants:
AZ Delivery Inc.Alexis Madrigal
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $9,180,171.09
- Economic Damages:
Past medical expenses: $313,032.75
Future medical expenses: $1,687,138.34
- Non-Economic Damages:
Past: $1,600,000
Future: $5,580,000
- Trial or Arbitration Time: 6 court days
- Jury Deliberation Time: 2 1/2 hours
- Jury Polls: Unanimous on all questions
The Attorneys
- Attorney for the Plaintiff:
Abron Law, P.C. by Byron (B.J.) Abron, Beverly Hills.
Campos Law Group by Mauricio Campos and Jason Baluarte, Santa Ana.
- Attorney for the Defendant:
Clinton & Clinton by Dale A. Arakawa, Seal Beach.
Facts and Background
- Facts and Background:
On June 6, 2022, plaintiff was driving her vehicle when defendant driver, operating a delivery van owned by defendant company, ran a red light and collided into the passenger side of plaintiff's vehicle. At the scene, Defendant driver told plaintiff that his van did not have brakes and he could not stop.
Plaintiff was transported to the emergency room. She subsequently began chiropractic care, and after continued pain, plaintiff began treatment with a pain management physician, who administered pain management injections. After conservative treatment failed to resolve her symptoms, plaintiff was referred to a spine surgeon. Following an updated MRI confirming the original findings with no significant changes, plaintiff underwent an L5-S1 microdiscectomy three years after the collision. Plaintiff continues to suffer from chronic pain, radiculopathy, and reduced function, and requires future surgical intervention including lumbar fusion or a spinal cord stimulator.
- Plaintiff's Contentions:
That plaintiff suffered lumbar spine injuries, including a 7mm disk herniation at L5-S1 causing spinal stenosis and radiculopathy, as a direct result of the collision. All treatment, including the L5-S1 microdiscectomy, was necessary, reasonable, and caused by the collision. Plaintiff will require future medical treatment including lumbar fusion surgery and adjacent level care for the rest of her life, and her life will never be the same.
- Defendant's Contentions:
That plaintiff's injuries were pre-existing or degenerative in nature, pointing to a single seven-day episode of back pain in 2020 predating the collision. That plaintiff never complained of lower back pain to first responders or at the hospital on day of collision.
That plaintiff's treating physicians operated on a lien basis and had a financial incentive to treat and recommend surgery. That the past medical bills were inflated. That plaintiff did not require surgery and that future care costs were overstated.
Injuries and Other Damages
- Physical Injuries claimed by Plaintiff:
After conservative treatment failed to resolve her symptoms, plaintiff was referred to a spine surgeon. Following an updated MRI confirming the original findings with no significant changes, plaintiff underwent an L5-S1 microdiscectomy three years after the collision. Plaintiff continues to suffer from chronic pain, radiculopathy, and reduced function, and requires future surgical intervention including lumbar fusion or a spinal cord stimulator.
Demands and Offers
- Defendant Final Offer before Trial: $977,344.69
Additional Notes
Insurer: Topa Insurance Company