Rear-ender with back injury and surgery. $1 million. Ventura County.
Summary
Liability is admitted but extent of injury and care is disputed.
The Case
- Case Name: Mayra Silva v. James Allen Ramos
- Court and Case Number: Ventura County Superior Court / 56-2014-00454537
- Date of Verdict or Judgment: Friday, March 17, 2017
- Date Action was Filed: Monday, June 23, 2014
- Type of Case: Vehicles - Auto vs. Auto, Vehicles – rear-ender
- Judge or Arbitrator(s): Hon. Rocky Baio
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Plaintiffs: Mayra Silva, 23, fast food worker.
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Defendants: James Allen Ramos
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $1,090,716.75
- Net Verdict or Award: $1,090,716.75
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Economic Damages:
Past medical expense: $159,043.65
Future medical expense: $42,033.10
Past lost earnings: $64,640
Future lost earnings: $25,000
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Non-Economic Damages:
Past pain and suffering: $250,000
Future pain and suffering: $550,000
- Trial or Arbitration Time: 7 days.
- Jury Deliberation Time: 2 1/2 days.
The Attorneys
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Attorney for the Plaintiff:
Quirk Law Firm, LLP by Trevor Quirk, Ventura.
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Attorney for the Defendant:
Hoppe Law Group by Theodore Hoppe, Fresno.
The Experts
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Plaintiff’s Medical Expert(s):
Richard Scheinberg, M.D., orthopedic surgery, Santa Barbara.
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Defendant's Medical Expert(s):
Richard Kahmann, M.D., orthopedic surgery, Santa Barbara.
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Plaintiff's Technical Expert(s):
Barbara Greenfield, life care planning, South Pasadena.
Phillip Sidlow, vocational rehabilitation, Los Angeles.
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Defendant's Technical Expert(s):
Joanne Latham, life care planning, Encino.
Stephanie Rizzardi, economics, San Marino.
Rick Sarkisian, Ph.D., vocational rehabilitation.
Facts and Background
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Facts and Background:
Plaintiff was rear-ended on Highway 101 in Ventura on November 8, 2013. Negligence was stipulated by defendant. Plaintiff's back and neck were injured and she underwent back surgery.
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Plaintiff's Contentions:
That defendant's negligent driving caused plaintiff's injuries.
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Defendant's Contentions:
That plaintiff's back surgery was unnecessary and that plaintiff needed minimal future care.
Injuries and Other Damages
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Physical Injuries claimed by Plaintiff:
L4-5 discectomy, soft tissue neck injuries.
Special Damages
- Special Damages Claimed - Past Medical: $159,043.65
- Special Damages Claimed - Future Medical: $147,000
- Special Damages Claimed - Past Lost Earnings: $64,640
- Special Damages Claimed - Future Lost Earnings: $954,000
Demands and Offers
- Plaintiff §998 Demand: On May 20,2016: $699,000.
- Plaintiff Final Demand before Trial: In 2014: policy limits of $100,000.