This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Auto v. Auto
Rear-End Collision

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)

Barry R. Swan

John M. Langevin
(Floyd, Skeren, Manukian & Langevin LLP)


Defendant

Raymond D. McElfish
(McElfish Law Firm)

Asmik J. Gevorkyan


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


#100833

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390