Freeway lane change accident on I-10 blamed on trucker and dangerous roadway construction site.
The Case
- Case Name: Olguin v. Keystone Freight, et al.
- Court and Case Number: San Bernardino Superior Court / CIVSB2025673
- Date of Verdict or Judgment: Friday, March 06, 2026
- Date Action was Filed: Tuesday, November 17, 2020
- Type of Case: Vehicles - Tractor Trailers
- Judge or Arbitrator(s): Hon. Kory Mathewson
- Plaintiffs:
Gabriel Gonzalez Olguin, 46
- Defendants:
Keystone FreightCaltrans
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $2,000,000
- Net Verdict or Award: $1,500,000 after contrib negligence
- Contributory/Comparative Negligence: 65% Keystone Freight; 10% Caltrans; 25% plaintiff
- Economic Damages:
Past: $278,000
Future: $110,000
- Non-Economic Damages:
Past: $815,000
Future: $798,000
- Trial or Arbitration Time: 7 weeks
The Attorneys
- Attorney for the Plaintiff:
Rejali Law Firm by Omid Rejali, San Diego.
The Law Firm of Oscar A. Ischiu by Oscar A. Ischiu, West Covina.
- Attorney for the Defendant:
Tyson & Mendes by Ed Leonard and Anna Sasaki, Costa Mesa. (For Keystone Freight.)
Skane Mills LLP by Jon Tarkowski, Los Angeles. (For Caltrans.)
The Experts
- Plaintiff’s Medical Expert(s):
Nitesh Patel, M.D., pain management.
- Defendant's Medical Expert(s):
Paul Kaloostian, M.D., neurosurgery.
- Plaintiff's Technical Expert(s):
Andrew S. Morris, DC, medical coding and billing.
- Defendant's Technical Expert(s):
Stein Husher, accident reconstruction.
Nicholas Gomez, biomechanics.
Nancy Fraser Michalski, RN, medical coding and billing.
Facts and Background
- Facts and Background:
On May 8, 2020 defendant Keystone's driver was driving at 58 mph in a 55 mph zone on I-10, when he failed to maintain his lane and turned into plaintiffs lane, causing the collision. The collision occurred on the I-10 East in Rancho Cucamonga. Both drivers claimed that phantom striping on the stretch of freeway they were driving contributed to the collision.
- Plaintiff's Contentions:
That defendant Keystone's driver failed to maintain his lane, was was driving too fast for the road conditions in a construction zone and entered into plaintiff's lane, causing the collision.
That defendant Caltrans failed to follow the MUTCD (Manual on Uniform Traffic Control Devices), violated its own policies with respect to lane shifts by failing to post proper signage, and thereby created a dangerous condition on the roadway.
- Defendant's Contentions:
That plaintiff was 100% at fault for the collision; that he entered into the defendant's lane and caused the collision. That plaintiff was driving too fast for the conditions. That plaintiff had driven that area many times and was familiar with the area in question.
Defendant Caltrans contended that they did not create a dangerous condition, that the signage was not required, that other entities including San Bernardino County Transportation Authority, the lane security company and Calstripe were responsible for creating the dangerous condition, and that the phantom striping was normal.
Injuries and Other Damages
- Physical Injuries claimed by Plaintiff:
Three hernia repairs. Chronic low-back pain leading to permanent stimulator. Partial tear in left shoulder. No surgery on the shoulder was had by time of the trial.
Special Damages
- Special Damages Claimed - Past Medical: $390,000
- Special Damages Claimed - Future Medical: $135,000
Demands and Offers
- Defendant §998 Offer: Caltrans: October 2025 for $280,000. No offer from Keystone Freight.
Additional Notes
During jury deliberation, Keystone Freight offered a high/low of $250,000/$50,000 which was rejected by plaintiff.