Truck is backing up at railroad crossing and strikes plaintiff's car.
The Case
- Case Name: Vincent Hamlin v. 562 Express, Inc.
- Court and Case Number: Los Angeles Superior Court / 24LBCV01923
- Date of Verdict or Judgment: Wednesday, September 17, 2025
- Date Action was Filed: Monday, September 09, 2024
- Type of Case: Vehicles - Truck vs. Auto
- Judge or Arbitrator(s): Hon. Michael P. Vicencia
- Plaintiffs:
Vincent Hamlin
- Defendants:
562 Express, Inc.
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $1,183,163.44
- Contributory/Comparative Negligence: None.
- Economic Damages: Past medical: $131,650Past lost earnings: $58,708.44
- Future medical: $317,805
- Non-Economic Damages: Past: $75,000
- Future: $600,000
- Trial or Arbitration Time: 5 days
- Jury Deliberation Time: 3 - 4 hours
The Attorneys
- Attorney for the Plaintiff:
SHK Law by Brian J. Kim and Maureen Hennessey, Encino.
- Attorney for the Defendant:
James T. Shott & Associates by James Shott and John Yasuda, Costa Mesa.
The Experts
- Plaintiff’s Medical Expert(s):
Babak Samimi, M.D., orthopedic surgery.
- Defendant's Medical Expert(s):
- Scott Forman, M.D., orthopedic surgery.
- Plaintiff's Technical Expert(s):
Jeffrey Bonsall, MSME, EIT, automotive engineering.
Vijay Gupta, Ph.D., biomedical engineering.
- Defendant's Technical Expert(s):
Mohammad Atarod, Ph.D., accident reconstruction and biomechanics.
Facts and Background
- Facts and Background: On February 2, 2023, plaintiff was stopped at a railroad crossing when his vehicle was struck by defendant’s semi-truck, which was backing up at a slow speed.Defendant admitted liability prior to trial on behalf of its employee driver. The matter proceeded to jury trial on the issues of causation and damages only.
- Plaintiff, then 26 years old, alleged he sustained a left rotator cuff tear requiring arthroscopic surgery.
- Plaintiff's Contentions: Plaintiff contended that he sustained a left rotator cuff tear that required arthroscopic shoulder surgery. The surgery was successful. Plaintiff continued to experience some residual pain and limitations, which his treating surgeon and both parties' respective medical experts described as mild to moderate. Plaintiff further contended that these left shoulder symptoms were permanent.
- At the time of trial, plaintiff was 29 years old, right-hand dominant, and otherwise in good health.
- Defendant's Contentions: Defendant contended that the collision occurred at a low speed of 3 to 5 miles per hour. Defendant agreed that plaintiff’s arthroscopic surgery was reasonable and necessary. However, defendant claimed that the rotator cuff tear was preexisting and unrelated to the incident. Defendant also maintained that plaintiff would have required the surgery regardless of the collision.Finally, defendant argued that plaintiff’s medical expenses were grossly inflated.
- Defendant contended that plaintiff had fully recovered. Through their accident reconstruction and biomechanical expert, defendant asserted that the forces from the collision were insufficient to cause a rotator cuff tear.
Injuries and Other Damages
- Physical Injuries claimed by Plaintiff: Left rotator cuff tear.
Special Damages
- Special Damages Claimed - Past Medical: $131,650
- Special Damages Claimed - Future Medical: $477,805
- Special Damages Claimed - Past Lost Earnings: $58,708.44
Demands and Offers
- Defendant §998 Offer: $150,000 two months prior to trial
Additional Notes
Insurer: State Farm
Disclaimer
This is not an official court document. While the publisher believes the information to be accurate, the publisher does not guarantee it and the reader is advised not to rely upon it without consulting the official court documents or the attorneys of record in this matter who are listed above.
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