Dirksen Transportation v. Sergio Garcia
Published: Jul. 16, 2011 | Result Date: Feb. 17, 2011 | Filing Date: Jan. 1, 1900 |Case number: CIV SS704828 consolidated with CIV SS700069 Verdict – Defense
Court
San Bernardino Superior
Attorneys
Plaintiff
Aimee E. Kirby
(Dolan Law Firm PC)
John M. Langevin
(Floyd, Skeren, Manukian & Langevin LLP)
Defendant
Raymond D. McElfish
(McElfish Law Firm)
Experts
Plaintiff
Thomas Ackerson
(medical)
Joseph G. Yates
(technical)
Defendant
Timothy Long
(technical)
Facts
Jesus Salgado was driving his tractor-trailer rig on the freeway when he was involved in a collision with another tractor-trailer driven by Sergio Garcia. Salgado sued Garcia for negligent operation of a vehicle. In a separate suit, his employer, and owner of the rig, Dirksen Transportation, sued Garcia, for property damage. The cases were consolidated.
Salgado claimed that Garcia cut him off, but Garcia denied liability. He claimed that Salgado was driving inattentively, which he further claimed was supported by an eye witness who testified at trial.
Damages
Salgado sought damages for past and future medical costs, lost earnings and earning capacity, and pain and suffering. Dirksen's insurance carrier sought damages for out-of-pocket expenses for Salgado's medical care and lost earnings.
Injuries
Salgado was taken by ambulance to the emergency room. He sustained fractures to his knee, hip, pelvis, and toe. He underwent three surgeries and two procedures to repair his fractures followed by therapy. He received disability benefits from the date of the accident, and has not returned to work since the accident. Salgado claimed residual pain and discomfort in the areas of injuries.
Result
The jury rendered a unanimous verdict for the defendant, Garcia.
Deliberation
eight days
Poll
12-0
Length
five weeks
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