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
Multiple Automobile Accident
Rear-End Collision

James Horton v. Roberto Aguilera-Mendoza, Enrique Tirado, and Does 1 through 20, Inclusive

Published: May 7, 2016 | Result Date: Dec. 2, 2015 | Filing Date: Jan. 1, 1900 |

Case number: RG14719755 Verdict –  $13,300

Court

Alameda Superior


Attorneys

Plaintiff

Eric S. Ritigstein
(Boxer & Gerson LLP)


Defendant

Amy E. Bracher
(Stratman Patterson & Hunter)

P. Richard Colombatto
(Stratman Patterson & Hunter)


Facts

James Horton sued Roberto Aguilera-Mendoza and Enrique Tirado in connection with a motor vehicle collision that allegedly occurred on May 30, 2013.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendant Tirado rear-ended plaintiff's vehicle. Plaintiff suffered injuries as a result and sued the driver and the owner of the vehicle he was driving for negligence and vicarious liability.

DEFENDANTS' CONTENTIONS:
The collision was allegedly only minor so plaintiff should have returned to work sooner. Defendants also denied plaintiff was injured in the accident.

Settlement Discussions

Horton made a CCP 998 demand of $15,000, which defendants countered with a CCP 998 offer of $4,001.

Damages

Horton missed three months of work as a result of his injury. He sought $2,000 per month in pain and suffering for each of the three months that he missed work. He also sought $6,300 in past wage loss.

Injuries

Horton claimed he injured his back, which he treated with pain medication and physical therapy.

Result

The jury found in favor of Horton and awarded him $6,300 in past lost earnings, and $2,000 per month in pain and suffering for each of the three months that he missed work, as he had requested. He was also awarded $1,000 in future pain and suffering for a total sum of $13,300.


#104598

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

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