Intersection collision leaves plaintiff with spine and head injuries. $8.5M. Riverside County.
Summary
Plaintiff claims mild TBI after his car is struck exiting a school parking lot, where he worked as a janitor. Both vehicles were total losses, yet no ambulance was called to the scene.
The Case
- Case Name: Gomez-Garcia v. Gallegos
- Court and Case Number: Riverside County Superior Court / CVRI2300992
- Date of Verdict or Judgment: Wednesday, May 14, 2025
- Date Action was Filed: Monday, February 27, 2023
- Type of Case: Vehicles - Intersection
- Judge or Arbitrator(s): Hon. Eric A. Keen
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Plaintiffs: Regino Gomez-Garcia
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Defendants: Gladys Gallegos
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $8,569,756.35
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Economic Damages:
Past medical expenses: $429,750.35
Future medical expenses: $2,317,006
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Non-Economic Damages:
Past: $786,000
Future: $5,037,000
- Trial or Arbitration Time: 9 court days
- Jury Deliberation Time: 3 1/2 hours
- Jury Polls: 12-0
The Attorneys
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Attorney for the Plaintiff:
Abron Law, P.C. by Byron (B.J.) Abron, Beverly Hills.
Sasooness Law Group, APC by Lior Behdadnia and Shawn Sasooness, Woodland Hills.
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Attorney for the Defendant:
Knapp, Petersen & Clarke, APC by Stephen Pasarow and Adam Mikaelian, Glendale.
The Experts
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Plaintiff's Medical Expert(s):
Andrew Fox, M.D., neurosurgery.
Daniel Franc, M.D., neurology.
Jan Roughan, life care planning.
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Defendant's Medical Expert(s):
Wayne Cheng, M.D., orthopedic surgery.
Richard Rhee, M.D., radiology.
J. Vincent Filoteo, M.D., neuropsychology.
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Defendant's Technical Expert(s):
Henry Lubow, M.D., medical billing.
Facts and Background
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Facts and Background:
On October 6, 2021 the 58-year-old plaintiff, who worked as a janitor at Madison Elementary School in Riverside, was leaving the parking lot of the school. The exit to the parking lot is controlled by 4-way light signals. Plaintiff stopped at the red light at the intersection of the school’s exit and Madison Street. Once the light turned green plaintiff entered the intersection. At the same time, defendant was driving her 2018 Honda CRV and traveling northbound on Madison Street. Defendant ran the red light, causing the collision.
Both vehicles were deemed totaled. Plaintiff’s vehicle was impacted on the left side but the only airbag that deployed was on the right side of the vehicle. Plaintiff was helped out of his vehicle by witnesses. Plaintiff reported having loss of consciousness at the scene. Police arrived at the scene but no medical personnel came and police did not file a traffic collision report. Plaintiff was taken to a nearby medical clinic by a coworker and then his wife later took him to the emergency room that evening. He had reports of headaches and pain in his neck (cervical spine).
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Plaintiff's Contentions:
That plaintiff suffered a mild traumatic brain injury (MTBI) and cervical spine injury. That all the injuries and treatment were a result of the collision. Further, that plaintiff would need future medical treatment for the rest of his life, and his life will never be the same.
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Defendant's Contentions:
That plaintiff may have merely suffered a concussion and, as a result, a mild traumatic brain injury, which was resolved in a couple of weeks. Plaintiff did not require surgery in his cervical spine and that plaintiff only had one injection prior to having surgery; that plaintiff had a significant gap in treatment for over a year with respect to his neck injury.
That plaintiff went back to work a couple of weeks after the collision. Defense also argued that plaintiff suffered from spinal degeneration prior to the subject collision and his pain is not related to the collision. As such, the plaintiff’s past medical surgery was unnecessary and unrelated to the subject collision, and plaintiff requires no future care.
Injuries and Other Damages
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Physical Injuries claimed by Plaintiff:
Plaintiff started treatment with a chiropractor seven days after the collision. Along with chiropractic care he underwent treatment with pain management, multiple orthopedic spine surgeons, neurologists, neuropsychologist and a behavioral therapist. Plaintiff ultimately underwent a cervical fusion and lumbar discectomy. After continued pain in his cervical spine, over two and a half years later, he underwent a two-level hybrid surgery which included a one-level fusion and second-level disc replacement. The surgery was performed at the C5-6 and C6-7 level.
Demands and Offers
- Defendant Final Offer before Trial: $1,300,000