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Personal Injury
Multiple Automobile Accident
Rear-End Collision

Pedro Diaz Rodriguez v. Enmanuel Parada, Business Solutions Transport, Penske Truck Leasing Corporation, and Does 1 through 30

Published: Feb. 6, 2016 | Result Date: Oct. 15, 2015 | Filing Date: Jan. 1, 1900 |

Case number: CGC-14-537543 Verdict –  $3,807,200

Court

San Francisco Superior


Attorneys

Plaintiff

Benjamin D. Swanson
(Swanson Law Group)

Robert T. Simon
(The Simon Law Group LLP)

Brandon J. Simon
(Simon Law Group LLP)


Defendant

Steven C. Toschi
(Toschi, Collins & Doyle LLC)


Facts

Pedro Rodriguez sued Enmanual Parada, Business Solutions Transport, and Penske Truck Leasing Corp., in connection with a motor vehicle accident that allegedly occurred in February 2012.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff was allegedly driving along Interstate 580 when he was rear-ended by a truck driven by defendant Parada. Plaintiff sustained injuries and sued Parada, his employer, Business Solutions, and the truck owner, Penske, for negligence and vicarious liability. Penske was later let out of the case.

DEFENDANTS' CONTENTIONS:
Defendants disputed the extent of plaintiff's claimed injuries.

Settlement Discussions

Rodriguez made a CCP 998 demand of defendant's policy limits for $1 million, which defendants countered with a CCP 998 offer of $401,000.

Injuries

Rodriguez claimed injuries to his spine, neck, head and left elbow. He underwent cervical fusion to repair his spine. Despite treatment, he claimed he continued to experience pain.

Result

The jury rendered a verdict in Rodriguez's favor, finding that Parada's negligence was a substantial factor in causing him harm. As such, the jury awarded Rodriguez $3.8 million in damages, consisting of $140,000 in past medical cost, $267,200 in future medical cost, $1.4 million in past non-economic damages, and $2 million in future non-economic damages.

Other Information

FILING DATE: Feb. 18, 2014.


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