Left-turn collision results in neck, back injuries. $152K. Los Angeles County.
Liability is accepted but causation is disputed owing to plaintiff's prior injury accidents.
- Case Name: Victor Hernandez v. Cheryl Hyland
- Court and Case Number: Los Angeles Superior Court / BC615394
- Date of Verdict or Judgment: Thursday, May 17, 2018
- Date Action was Filed: Tuesday, November 08, 2016
- Type of Case: Vehicles - Auto vs. Auto, Vehicles - Left Turn
- Judge or Arbitrator(s): Hon. Mark Borenstein
Plaintiffs: Victor Hernandez, 52, maintenance supervisor for the City of LA.
Defendants: Cheryl Hyland
- Type of Result: Jury Verdict
- Gross Verdict or Award: $152,000
Past medical expenses: $33,000
- Trial or Arbitration Time: 5 days.
- Jury Deliberation Time: 3 hours.
- Jury Polls: Not polled.
- Post Trial Motions & Post-Verdict Settlements: Plaintiff CCP 998 costs of approximately $35,000.
Attorney for the Plaintiff:
Bisnar | Chase, LLP by H. Gavin Long, Newport Beach.
Paris Law Firm by Eric Paris, Chino Hills.
Attorney for the Defendant:
McClaugherty & Associates by Jay S. McClaugherty, Arcadia.
Plaintiff’s Medical Expert(s):
Frank Giacobetti, M.D., orthopedic surgery, Manhattan Beach.
Hormoz Zahiri, M.D., orthopedic surgery, Los Angeles.
Defendant's Medical Expert(s):
Babak Barcohana, M.D., orthopedic surgery, Van Nuys.
Facts and Background
Facts and Background:
Defendant was traveling down El Segundo Boulevard, and made a left-hand turn into a business driveway, colliding with plaintiff as plaintiff was traveling on El Segundo Boulevard in the opposite direction.
That defendant violated plaintiff's right-of-way. That plaintiff suffered injuries as a result of defendant driver's negligence in causing the collision.
That plaintiff was involved in three prior accidents. Plaintiff was involved in the last prior accident one year before the accident at issue. Defendant argued the accident was not a substantial factor in causing harm to plaintiff. If it was, plaintiff suffered soft tissue injuries which should have resolved in 6-8 weeks. Plaintiff had numerous gaps in treatment including not receiving the injections until two years after they were recommended.
Injuries and Other Damages
Physical Injuries claimed by Plaintiff:
Neck and back injuries. Facet injury requiring physical therapy and two injections.
- Special Damages Claimed - Past Medical: $33,000
Demands and Offers
- Plaintiff §998 Demand: $50,000 policy limits.
- Defendant §998 Offer: $25,000
On the eve of trial the defense tendered the $50,000 policy. Plaintiff refused to accept this late settlement offer. Allstate was defendant's insurance carrier.