Facts

George Marquez sued Gary Scheppegrell in connection with a motor vehicle accident.

PLAINTIFF'S CONTENTIONS:
Plaintiff was a tractor operator. While operating his employer's empty tractor gas tanker along State Route 99, defendant rear-ended him as defendant attempted to change lanes. Consequently, plaintiff's trailer partially jackknifed. Plaintiff's tractor sustained damages while defendant's van was totaled. Plaintiff also sustained injuries as a result of the collision and sued defendant for negligence.

DEFENDANT'S CONTENTIONS:
Defendant challenged plaintiff's credibility by presenting evidence From the National Archives contradicting Marquez's claimed military service record. Defendant also disputed the extent of his claimed injuries due to the extensive gap in treatment.

Settlement Discussions

Marquez demanded $5,300 in settlement, which Scheppegrell countered with a $3,500 offer.

Injuries

Marquez had to perform defensive maneuvers to right the tractor, which he claimed took a toll in his shoulders. Marquez claimed he tore both his rotator cuffs and continued to experience pain. Although he initially treated with a workers' compensation provider, his employer decided to unilaterally close his case despite his continued pain. Plaintiff claimed he underwent cataract surgery, and was subsequently fired. He sought to resume workers' compensation treatment, but his former employer declined to cooperate and only did so after he obtained legal representation.

Result

The jury found in Marquez's fabor and awarded him $25,000 consisting of $19,695 in past pain and suffering and $5,305 in medical expenses. The jury did not award him any damages for future pain and suffering.

Other Information

FILING DATE: Feb. 13, 2013.

Length

four days