Plaintiff t-bones defendant as he is attempting to cross multiple lanes of traffic. He says she was speeding.
- Case Name: Mayra Juarez v. Helman Gustavo Gomez, et al.
- Court and Case Number: Los Angeles Superior Court / BC528698
- Date of Verdict or Judgment: Tuesday, October 30, 2018
- Date Action was Filed: Monday, November 25, 2013
- Type of Case: Vehicles - Auto vs. Auto
- Judge or Arbitrator(s): Hon. Gloria White-Brown
Plaintiffs: Mayra Juarez, 26 airline agent
Defendants: Helman Gustavo GomezWorldwide Express, Inc.
- Type of Result: Jury Verdict
- Gross Verdict or Award: $507,600 plus CCP 998 interest and costs of $187,417.
Award as to each Defendant:
The jury returned a verdict of $507,600. The Court awarded costs and pre-judgment interest in the amount of $187,417.09, since plaintiff received a judgment more favorable than the amount she had offered to accept by way of a Code of Civil Procedure section 998 offer. Defendants stipulated that Mr. Gomez was in the course and scope of his employment at the time of the collision. Therefore, both defendants were liable for the entire verdict.
- Contributory/Comparative Negligence: 0
- Trial or Arbitration Time: 5 days.
- Jury Deliberation Time: 2 days.
- Post Trial Motions & Post-Verdict Settlements: Memorandum of costs with request for pre-judgment interest. Motion to strike/tax costs
Attorney for the Plaintiff:
Law Offices of Richard M. Foster by Richard M. Foster and David R. Euredjian, North Hollywood.
Attorney for the Defendant:
Mark R. Weiner & Associates by Jay T. Rubin and Peter K. Diamond, Glendale.
Plaintiff’s Medical Expert(s):
Edward T. Chappell, M.D., neurosurgery, Santa Ana.
Levon Margolin, Ph.D., psychology, La Mirada.
Defendant's Medical Expert(s):
Tony Feuerman, M.D., neurosurgery, Encino.
Neil I. Chafetz, M.D., radiology, San Pedro.
Plaintiff's Technical Expert(s):
Herb Summers, Ph.D., accident reconstruction.
Defendant's Technical Expert(s):
Facts and Background
Facts and Background:
The case arose out of a two-vehicle accident that occurred on December 9, 2011, near the intersection of Century Boulevard and Glasgow Place, in Inglewood. Plaintiff was traveling west on Century Boulevard when defendant driver attempted to cross several lanes of traffic across Century Boulevard, resulting in plaintiff's vehicle colliding with the center of defendant's van.
That defendant was attempting to make an illegal left turn from a stop sign at Glasgow Place, crossing multiple lanes of traffic, when he collided with plaintiff's vehicle. That plaintiff had the right of way.
Defendants did not admit liability. Defendants contended that plaintiff was speeding and that her injuries were caused by a subsequent accident.
Injuries and Other Damages
Physical Injuries claimed by Plaintiff:
Plaintiff sustained neck and major back injuries, which were treated by epidurals and ultimately fusion.
Demands and Offers
- Plaintiff §998 Demand: $199,999 on September 18, 2015.
- Defendant §998 Offer: $50,000 on May 31, 2016 and again in the same amount on September 15, 2017.
- Defendant Final Offer before Trial: $150,000 on October 31, 2017.