Truck driver is assisting mechanic in roadside repair when the rig is struck from behind by another truck.
The Case
- Case Name: Efrain Perez v. Jose Gomez
- Court and Case Number: San Bernardino Superior Court / CIVSB 2205461
- Date of Verdict or Judgment: Monday, September 08, 2025
- Date Action was Filed: Monday, March 14, 2022
- Type of Case: Vehicles - Tractor Trailers, Vehicles – rear-ender
- Judge or Arbitrator(s): Hon. Joseph Widman
- Plaintiffs:
Efrain Perez, 61, truck driver
- Defendants:
Jose Gomez
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $7,291,863.73
- Contributory/Comparative Negligence: None
- Economic Damages: $5,291,863.73
- Non-Economic Damages: $2,000,000
- Trial or Arbitration Time: 12 days
- Jury Deliberation Time: 3 days
The Attorneys
- Attorney for the Plaintiff:
The Dominguez Firm by Jason Doucette and Pamela Rodriguez, Los Angeles.
- Attorney for the Defendant:
Litchfield Cavo by Daniel Ip and Adrian Gragas, Los Angeles.
The Experts
- Plaintiff’s Medical Expert(s):
Daniel Franc, M.D., neurology.
Bradley Jabour, M.D., radiology.
- Defendant's Medical Expert(s):
- Barry Ludwig, M.D., neurology
- Adrienne Meier, Ph.D., psychology.
- Plaintiff's Technical Expert(s):
Paul Hebert, trucking.
Cole Young, accident reconstruction.
- Defendant's Technical Expert(s):
Daniel McLean, accident reconstruction.
Facts and Background
- Facts and Background: On March 18, 2020 plaintiff's semi truck became disabled on a commercial road in Ontario. His company's mechanic was fixing it roadside. Plaintiff was holding the hose for the mechanic when defendant's Freightliner rear-ended the disabled semi truck. The impact propelled plaintiff onto the ground, striking his head.
- Plaintiff's Contentions: That defendant rear-ended a clearly disabled semi truck. That plaintiff suffered a traumatic brain injury, including a brain bleed and a fractured arm. His brain injury is permanent and prevents him from working and living a normal life. Before the injury, plaintiff was a loving, hard-working family man whom those around him described as outgoing, patient, and kind. Due to his brain injury, he is now temperamental, sad, and anti-social.
- Defendant's Contentions: That this was an unavoidable accident, because defendant would have hit a car if he changed lanes any sooner. That plaintiff's vehicle was improperly maintained; he should have called a tow truck and not his company's mechanic; and he improperly placed the safety triangles.
- That plaintiff's brain injury was mild and fully resolved within months, and his arm healed after the surgery without complications. He has traveled all over the world since the accident, should have quickly returned to work, and there is no evidence that he had ongoing symptoms from his brain injury after the initial few months.
Injuries and Other Damages
- Physical Injuries claimed by Plaintiff: Traumatic brain injury, fractured arm.
Special Damages
- Special Damages Claimed - Past Medical: Waived
- Special Damages Claimed - Future Medical: $4,927,990.73
- Special Damages Claimed - Past Lost Earnings: $363,873
- Special Damages Claimed - Future Lost Earnings: None
Demands and Offers
- Plaintiff §998 Demand: $1,000,000
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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