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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