Vehicle accident on farm road results in jury verdict of $600K. Merced County.

Facts and Background

• Facts and Background:

  At 5 p.m. on Dec 11, 2011, plaintiff Bernardo Rodriguez, 37, a farm worker, was in his Chevy Silverado on an old country farm road in Merced when his vehicle was rear-ended by a Ford Ranger operated by Antonio Lopes.

  The collision propelled plaintiff's vehicle into a telephone pole. Plaintiff claimed injuries to his lower back and groin. He sued Lopes for motor vehicle negligence. At the scene, defendant's blood alcohol content was measured at 0.192 to 0.203. However, the investigating officer could not testify in court, as he was on vacation. Thus there was no foundation for the police report without the officer's testimony.

  Plaintiff then relied on the testimony of Angelo Machado, a long-time friend and then-employer of defendant Antonio Lopes. Machado testified that Lopes could barely stand up on the date of the subject accident and that he had to be given two Breathalyzers.

  Following the accident, plaintiff was taken home by his friends, who were nearby. Plaintiff did not recall any of the events following the accident, and therefore, his family decided to transport him to Los Banos Hospital. Following the emergency room care, plaintiff began treating with Steven Pittson, DC and Moshe Wilker, MD.

• Plaintiff's Contentions:

  That defendant was highly intoxicated and should not have been driving.

  Treating orthopedic surgeon, Moshe Wilker, testified in his deposition that Rodriguez’s injuries would require a lumbar fusion decompression at an estimated costs of $200,000.00.

• Defendant's Contentions:

  That he was never drunk before and on the subject date he woke up at noon and had a glass of red wine and two natural light beers.

  Defendant’s retained expert, Edward Eyster MD, testified that Rodriguez would not require surgery.