Cuevas v. Ajit Singh Rai dba Rai Transport

Negligence, personal injury

Kern County

Superior Court Judge Stephen D. Schuett

Plaintiffs' attorneys: The Law Firm of Joseph H. Low IV Inc., Joseph H. Low IV; Rodriguez & Associates, Daniel Rodriguez, Chantal A. Trujillo, Danay S. Gonzalez

Defense attorneys: Aaron C. Hancock, Bishop Barry, Emeryville

The Law Firm of Joseph H. Low IV teamed up with Rodriguez & Associates to help a Bakersfield family who suffered serious injuries in a collision.

Last December, a Kern County jury awarded the Cuevas family - Alex, Maritza and Tomasa -- $70.5 million in the case against Rai Transport Inc., which is owned by Ajit Singh Rai. The case resulted in a record verdict in Kern County, according to attorneys. Cuevas v. Ajit Singh Rai dba Rai Transport, 18CV-100615 (Kern. Co. Super. Ct. filed March 15, 2018).

The family sued for negligence, stemming from an August 2017 collision that took place in Bakersfield.

Daniel Rodriguez

The lawsuit claims a tractor trailer driver working for Rai Transport ran a red light at an intersection striking Cuevases' vehicle while the family was on their way to buy school supplies. The family members suffered neck injuries.

Low, whose eponymous firm represented the plaintiffs, said having resources to recover from an injury is "first and foremost," as they'll need physical therapy for the rest of their lives.

"The mother was a true matriarch, [but] now she's out of the game," Low said. "It really, really tests a family." He added that the insurance company, United Specialty, hired bill collectors "who are incredibly aggressive."

Aaron C. Hancock, a shareholder at Bishop Barry who represented Rai Transport, said a motion for a new trial on behalf of his client was to be filed Feb. 10.

When asked to comment about the case in general, Hancock said, "The liability in this case was not disputed."

Low says his understanding is that United Specialty is contesting the award. Low added that if the company doesn't pay the settlement, he will file a case against it for bad faith.

Low said his firm at first attempted to negotiate with the India-based Rai Transport before filing a lawsuit, offering them a chance to "do the right thing."

Video footage from a transit bus going the same direction as Rai's trailer showed the crash. Low said the truck's black box data was erased, justifying another reason for the trial.

"You may not have it in your hand, [but] lawyers who work in the system know you're obligated to get it," Low said. "Instead, this company was playing games."

While the Cuevas family was "absolutely satisfied by the verdict," they are realistic about the insurance carrier not wanting to settle, Low said.

--Karen Weil