Rodney Alexander Pimentel v. Joaquin Garcia Avila, SMS Foods Inc., and Does 1 to 15, inclusive
Published: Jan. 14, 2017 | Result Date: Dec. 9, 2016 | Filing Date: Jan. 1, 1900 |Case number: SC115454 Verdict – $3,652,000
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Jonathan C. Teller
(Wilshire Law Firm PLC)
Joseph M. Barrett
(The Barrett Lawyers, APC)
Defendant
Thomas W. Shaver
(Shaver, Korff & Castronovo LLP)
Experts
Plaintiff
Fardad Mobin M.D.
(medical)
David M. King
(technical)
Defendant
Richard Ostrup M.D.
(medical)
Stephen Kay
(medical)
Facts
On Jan. 5, 2010, a crash occurred between plaintiff Rodney Pimentel and defendant Joaquin Garcia Avila at the intersection of Lincoln Blvd. and Colorado Blvd. Both parties claimed they had the green light. Plaintiff sued defendant and his employer, SMS Foods Inc.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that he was hurt by the crash. He claimed that his injuries were permanent.
DEFENDANTS' CONTENTIONS:
Defendants claimed that plaintiff was a convicted murderer, who had a ton of prior back and shoulder pain. Defendants claimed plaintiff lied to his doctors, lied in discovery, and was barely injured. Defendants argued that plaintiff was at fault, having caused the collision because he was running late, tired, and from out-of-town.
Settlement Discussions
State Farm offered $50,000 pretrial.
Specials in Evidence
waived waived waived $300,000
Injuries
Plaintiff claimed he injured his right shoulder, lower back and neck.
Result
The jury rendered a verdict for the plaintiff and awarded him $3,652,000 against all defendants.
Other Information
Plaintiff will also receive an additional $900,000 in CCP 998 interest and approximately $100,000 in costs for net verdict of approximately $4.8 million before additur motion. A costs bill was submitted on Jan. 5, for $1,086,221.50 in addition to the verdict. CCP 998 interest of $1,024,561 runs from March 19, 2014 to present. Additur motion will be sought because the jury awarded $0 for past pain and suffering. FILING DATE: Jan. 24, 2012.
Deliberation
two hours
Poll
10-2
Length
eight days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390