Injuries disputed after truck on freeway crashes into three vehicles. $4.97M. Los Angeles County.
Summary
Truck driver loses control and strikes plaintiff's pickup twice, making it a total loss.
The Case
- Case Name: Edward Hernandez v. Carlos Duarte Palomares and CCC America Inc, Dba BNB Global
- Court and Case Number: Los Angeles Superior Court / 22PSCV01673
- Date of Verdict or Judgment: Friday, May 02, 2025
- Date Action was Filed: Thursday, November 03, 2022
- Type of Case: Vehicles - Truck vs. Auto
- Judge or Arbitrator(s): Hon. Bryant Y Yang
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Plaintiffs: Edward Hernandez
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Defendants: Carols Palomares, CCA America Inc DBA BNB Global
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $4,974,000
- Net Verdict or Award: $4,974,000 plus costs and interest
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Economic Damages:
Past medical expenses: $965,000
Property damage: $4,000
Loss of use of property: $5,000
Future economic: $1,500,000
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Non-Economic Damages:
Past: 500,000
Future: $2,000,000
- Trial or Arbitration Time: 9 days
- Jury Deliberation Time: 40 minutes
- Jury Polls: 10-2
The Attorneys
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Attorney for the Plaintiff:
Mendez & Sanchez, APC by Jennifer Russell, Michael Sanchez and Arielle Farias, Los Angeles.
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Attorney for the Defendant:
Tyson & Mendez, LLP by Jack Liebhaber and Cooper Jacobs, Los Angeles.
The Experts
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Plaintiff's Medical Expert(s):
Stephan Kasimian M.D., orthopedic surgery.
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Defendant's Medical Expert(s):
Steven Kay M.D., orthopedic surgery.
Richard Rhee, M.D., radiology.
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Defendant's Technical Expert(s):
Marilyn Pacheco, billing.
Facts and Background
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Facts and Background:
The case arose out of a four-vehicle accident that occurred on the 605 freeway on January 21, 2002. The defendant driver was working and driving a truck owned by CCC America Dba BNB global. Defendant driver failed to control his vehicle and struck three other vehicles before ending up on the side of the freeway.
Plaintiff (55 years old) was driving a Toyota pickup truck, which was struck twice – when his vehicle was hit on the rear driver's side, then after spinning, again being struck near the driver's door. The vehicle was a total loss.
Plaintiff did not complain of pain at the scene but went on to have complaints following the accident. The main complaints were to his left side, shoulder, knee and hip and then the spine, neck and back.
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Plaintiff's Contentions:
That plaintiff was pain-free before, and the accident exacerbated his underlying condition, causing symptoms which required treatment.
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Defendant's Contentions:
Liability was admitted but defendant disputed causation and damages.
Defendant argued that plaintiff did not complaint of pain at the scene, so he was not really hurt and only sustained minor soft-tissue injuries, which did not need surgery. Also, that plaintiff has a driver's clearance exam for his commercial license after his shoulder surgery and did not note the surgery or back pain, so he was no longer hurt. Defendant argued that plaintiff was not to be believed and his conditions and pain were due to preexisting arthritic conditions.
Injuries and Other Damages
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Physical Injuries claimed by Plaintiff:
Shoulder surgery, epidural injections, Facet injections, knee and shoulder PRP injections, Lumbar fusion resulting in surgery. Future care includes ongoing therapy, injections to the knee, a knee replacement and additional spine surgery.
Special Damages
- Special Damages Claimed - Past Medical: $965,000
- Special Damages Claimed - Future Medical: $1,500,000
Demands and Offers
- Plaintiff §998 Demand: $975,472.34
- Defendant Final Offer before Trial: $750,000
Additional Notes
Insurer: Mercury