Arturo Toribio, Lisa Laun v. California Environmental and Litho Inc., Kevin Jon McIntosh, and Does 1 through 50, inclusive
Published: Jun. 17, 2017 | Result Date: Apr. 26, 2017 | Filing Date: Jan. 1, 1900 |Case number: RG15786066 Settlement – $1,000,000
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Wayne M. Collins
(Toschi Sidran Collins & Doyle)
Facts
Arturo Toribio and Lisa Laun sued California Environmental and Litho Inc. and Kevin McIntosh in connection with a motor vehicle collision that allegedly occurred on March 25, 2015.
Contentions
PLAINTIFFS' CONTENTIONS:
Defendant McIntosh allegedly rear-ended plaintiff Toribio's vehicle with his truck as Toribio was on the off-ramp of a freeway in San Jose. The impact was so great that it caused plaintiff to hit his glass roof. Plaintiff suffered injuries as a result of the collision and sued defendant driver and his employer for negligence and vicarious liability.
DEFENDANTS' CONTENTIONS:
Defendant driver denied liability, but later admitted to causing the accident during a taped deposition. Defendants also denied plaintiff's claimed head injuries and depression.
Damages
While Toribio was able to return to work following the crash, he was forced to resign two years later because of chronic neck pain and concentration, attention, and memory problems. Toribio sought $4,800 in past medical expenses and unspecified amount for past and future pain and suffering. His wife, Laun, sought loss of consortium damages.
Injuries
Toribio sustained a laceration to his head, other soft tissue injuries, and cognitive deficits resulting from the incident, including, among other things, memory loss. He also suffered from depression as a result of the crash.
Result
The parties reached a million dollar settlement.
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