City of Long Beach disputes injuries and treatment after trash truck side-swipes plaintiff's vehicle. $579K. Los Angeles County.
Summary
City says a third-party driver was partially to blame, and that plaintiff over-treated on liens.
The Case
- Case Name: Jose H. Davila v. City of Long Beach
- Court and Case Number: Los Angeles Superior Court / 19STCV32985
- Date of Verdict or Judgment: Monday, July 15, 2024
- Date Action was Filed: Tuesday, September 17, 2019
- Type of Case: Highlighted Verdicts, Vehicles - Lane Change, Vehicles - Truck vs. Auto
- Judge or Arbitrator(s): Hon. Andrea C. Thompson
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Plaintiffs: Jose H. Davila
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Defendants: City of Long Beach
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $579,500
- Net Verdict or Award: $579,500
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Award as to each Defendant:
$579,500 as to City of Long Beach.
- Contributory/Comparative Negligence: None on plaintiff, 100% on defendant City of Long Beach.
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Economic Damages:
$354,500
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Non-Economic Damages:
$225,000
- Trial or Arbitration Time: 4 days
- Jury Deliberation Time: 3 1/2 hours
- Jury Polls: 11-1 on damages, 12-0 on negligence.
The Attorneys
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Attorney for the Plaintiff:
Carpenter & Zuckerman by Michael G. Geragos and Pejman Ben-Cohen, Beverly Hills.
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Attorney for the Defendant:
Office of The Long Beach City Attorney by Michael A. Swift, Long Beach.
The Experts
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Plaintiff’s Medical Expert(s):
Alen A. Nourian, M.D., orthopedic surgery.
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Defendant's Medical Expert(s):
Amandeep Bhalla, M.D., orthopedic surgery.
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Plaintiff's Technical Expert(s):
None.
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Defendant's Technical Expert(s):
Jesse L. Wobrock, Ph.D., accident reconstruction and biomechanics.
Facts and Background
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Facts and Background:
Plaintiff, a 42-year-old unemployed man, was involved in a low-speed side-swipe collision in the City of Long Beach. A City of Long Beach employee was driving a trash truck in the course and scope of his employment and entered plaintiff's lane, hitting the side of plaintiff's vehicle. Plaintiff's vehicle sustained $7,500 worth of property damage.
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Plaintiff's Contentions:
Plaintiff claimed defendant City of Long Beach was 100% at fault for the collision; that the collision caused low-back injuries to plaintiff. Plaintiff also claimed his medical care over the course of five years including conservative care, pain management injections, and a low back procedure, was reasonable, necessary and caused by the collision.
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Defendant's Contentions:
Defendant City of Long Beach claimed it was only partially at fault for the collision and a third-party driver had some fault for the collision as it drove into the path of the City's trash truck, causing the trash truck to change lanes.
Defendant also claimed that plaintiff only suffered a muscle sprain/strain, which should have resolved in three months and the forces of 0.1-2mph delta v were not enough to cause the injuries claimed by plaintiff. Defendant further claimed that plaintiff's almost two-year gap in treatment prior to his low-back procedure was evidence he was not in pain, the treatment was not related to the collision, and plaintiff had degenerative disc disease. Finally, defendant claimed that plaintiff's outstanding medical bills from his treatment on a lien were inflated.
Injuries and Other Damages
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Physical Injuries claimed by Plaintiff:
Low-back pain with radiculopathy.
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$7,500 in property damages.
Special Damages
- Special Damages Claimed - Past Medical: $359,006.28
- Special Damages Claimed - Future Medical: None claimed
- Special Damages Claimed - Past Lost Earnings: None claimed
- Special Damages Claimed - Future Lost Earnings: None claimed
Demands and Offers
- Defendant Final Offer before Trial: $20,000