Plaintiff beats CCP 998 in rear-ender with disputed injuries. $1M. Los Angles County.

Summary

Liability admitted. Nature and extent of damages disputed when two pickup trucks collide.

The Case

  • Case Name: Bravo v. Garcia
  • Court and Case Number: Los Angeles Superior Court / BC604951
  • Date of Verdict or Judgment: Thursday, November 29, 2018
  • Date Action was Filed: Tuesday, December 22, 2015
  • Type of Case: Vehicles - Freeway, Vehicles – rear-ender
  • Judge or Arbitrator(s): Hon. Charles Palmer
  • Plaintiffs:
    Rene Bravo, 53, male, box designer.
  • Defendants:
    Arturo Garcia
  • Type of Result: Jury Verdict

The Result

  • Gross Verdict or Award: $1,075,000
  • Economic Damages:

    $575,000

  • Non-Economic Damages:

    $475,000

  • Trial or Arbitration Time: 4 days.
  • Jury Deliberation Time: 1 hour, 20 minutes.
  • Jury Polls: 12-0

The Attorneys

  • Attorney for the Plaintiff:

    Rodriguez Apodaca Law Firm LLP by Richard A. Apodaca, Ontario.

  • Attorney for the Defendant:

    McClaugherty & Associates by Jay McClaugherty, Arcadia.

The Experts

  • Plaintiff’s Medical Expert(s):

    Stepan Kasimian, MD; HASS Spine & Orthopedics; Glendale

  • Defendant's Medical Expert(s):

    Babak Barohanda, MD; Southern California Ortho Institute; Van Nuys CA

    Philip D. Rake, D.C., D.A.B.C.O.; Philip D. Rake Chiropractic, Inc., Montrose

Facts and Background

  • Facts and Background:

    On July 19, 2014, plaintiff was driving his Chevy Tahoe on the 110 freeway when he came to a complete stop and was rear-ended by defendant in a Ford F-150. Plaintiff’s vehicle was a total loss.

  • Plaintiff's Contentions:

    Plaintiff suffered chronic pain to lower back, including disc protrusions of 5-6 mm at L4-L5, and 6-7 mm at L5-S1. Seven months of medical treatment following crash, including orthopedic evaluation, physical therapy, and chiropractic care. Plaintiff then had a gap in treatment of approximately two years with no injections or any other conservative treatment.

  • Defendant's Contentions:

    Defendant admitted liability, but disputed nature and extent of injuries. Further, contended injuries were sprain/strain and should have been resolved.

Injuries and Other Damages

  • Physical Injuries claimed by Plaintiff:

    Plaintiff suffered chronic pain to lower back, including disc protrusions of 5-6 mm at L4-L5, and 6-7 mm at L5-S1.

Special Damages

  • Special Damages Claimed - Past Medical: Waived.
  • Special Damages Claimed - Future Medical: $500,000

Demands and Offers

  • Plaintiff §998 Demand: $100,000
  • Plaintiff Final Demand before Trial: $500,000
  • Defendant §998 Offer: $10,000
  • Defendant Final Offer before Trial: $100,000