Ramy A. Awad v. Jhony Claros Euceda
Published: Jan. 21, 2012 | Result Date: Feb. 17, 2011 | Filing Date: Jan. 1, 1900 |Case number: NC053688 Settlement – $750,000
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Tyler J. Barnett
(Yuhl Carr LLP)
James P. Carr
(Yuhl Carr LLP)
Defendant
Dominic G. Flamiano
(Norcal Logistics Lawyers Group PC)
Michael A. Lloyd
(Fowler Law Group)
Experts
Plaintiff
Robert W. Johnson CPA
(technical)
John Patrick Cook
(medical)
Defendant
Henry J. Kahrs A.B.V.
(technical)
Stuart Kushner
(medical)
Facts
On April 23, 2008, plaintiff Ramy Awad, M.D., was involved in a traffic collision that took place on the 405 freeway northbound of Wardlow Road in Long Beach. While defendant Jhony Claros Euceda was driving northbound in a 2001 three-axle freight truck with trailer at 65 mph, a locking bar that had not been securely attached became disconnected and the trailer was separated from defendant's vehicle. The trailer swerved across the freeway and plaintiff had little time to react. Plaintiff applied the brakes, but could not avoid colliding with the front end of defendant's vehicle. Plaintiff's air bags deployed and he immediately felt pain in his legs, ankle, right arm and hand. California Highway Patrol arrived on the scene and rooks a police report while plaintiff was taken by ambulance to St. Mary's Hospital. He was discharged shortly thereafter. Plaintiff's Honda Accord was declared a total loss.
Injuries
Plaintiff is a 34-year-old laparoscopic and bariatric surgeon in Palm Springs. On Oct. 26, 2009, his treating doctor stated in writing that plaintiff will definitely be a candidate for surgery. He has long-standing symptoms affecting his right hand. The effect includes his work activities as well as activities of dialing living. Plaintiff however, received very little medical care, never got surgery, and was able to maintain an active medical practice. It was argued that plaintiff's counsel that at some point in the future that plaintiff would not be capable of working the number of surgical hours envisioned in a mature bariatric, laparoscopic surgical practice. Plaintiff's counsel waived past medical bills and jury and focused solely on plaintiff's future economic loss.
Result
The case settled for $750,000 (policy limits) the day before trial.
Other Information
Defendant was precluded from taking plaintiff's deposition and from doing a medical examination. MEDIATOR: Hon. Daniel Pratt, JAMS.
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