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Personal Injury
Truck v. Truck
Rear-End Collision

Jesse Granado Vega, State Compensation Insurance Fund v. Luis Magana Hernandez, Honeycutt Tear Off

Published: Dec. 28, 2004 | Result Date: Aug. 13, 2004 | Filing Date: Jan. 1, 1900 |

Case number: 03CC09323 Verdict –  $55,704

Judge

Geoffrey T. Glass

Court

Orange Superior


Attorneys

Plaintiff

Scott E. Schutzman
(Law Office of Scott E. Schutzman)

Richard G. Andrews


Defendant

Drew T. Hanker


Experts

Plaintiff

Hamid Raven
(medical)

Steven Sadler
(medical)

Defendant

Irwin L. Bliss M.D.
(medical)

Neil I. Chafetz
(medical)

Facts

Jesse Vega, a 32-year-old truck driver, was driving a Peterbilt truck on northbound SR-57 Freeway in Anaheim on July 24, 2002. While stopped at a stop sign at the Lincoln Avenue off-ramp, his truck was rear-ended by a Chevrolet pickup driven by Luis Hernandez while Hernandez was in the course and scope of his employment with Honeycutt Tear Off. Vega sued Hernandez and Honeycutt Tear Off of Orange alleging vehicular negligence. The defendants admitted liability, but disputed that the accident caused the claimed injuries.

Settlement Discussions

The plaintiff demand $100,000 new money. The defendant offered $10,000 new money, raised to $20,104.

Specials in Evidence

$46,592

Damages

$275,000

Injuries

Vega claimed that he suffered injuries to his left wrist, knee, neck and lower back. MRIs indicated 2 mm disc bulges at C3-4, C4-5 and C5-6, with a 4 mm bulge at L4-5 and L5-S1. Vega claimed to be permanently partially disabled. State Compensation Insurance Fund filed a claim for its workers' compensation payments made to Vega. Its $92,000 lien was purchased by the defendants for $40,000 before the mandatory settlement conference.

Other Information

Vega's post-trial motion for Labor Code section 3856 attorney fee recovery was denied. Both parties' motions for recovery of costs are pending.

Deliberation

four hours

Poll

10-2

Length

four days


#120984

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