Krystian W. Orlinski v. Jorge A. Falcon
Published: Oct. 11, 2019 | Result Date: Apr. 2, 2019 | Filing Date: Mar. 7, 2017 |Case number: BC652540 Settlement – $225,000
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Jessica L. Castro
(El Dabe Ritter Trial Lawyers)
S. Edmond El Dabe
(El Dabe Ritter Trial Lawyers)
Defendant
Bradley V. Mahlstedt
(Raffalow, Bretoi & Adams)
Facts
Krystian Orlinski filed suit against Jorge Falcon and West Central Produce Inc. in relation to an incident on April 15, 2015, in which he was driving in traffic eastbound on the 101 freeway near the interchange for southbound Interstate 405 and his vehicle was rear-ended by a tractor-trailer driven by Falcon.
Contentions
PLAINTIFF'S CONTENTIONS: Orlinski alleged that Falcon negligently operated the tractor-trailer and West Central was vicariously liable as Falcon's employer.
DEFENDANT'S CONTENTIONS: Defendants did not dispute liability for the collision, but disputed the extent of Orlinski's injuries. Defendants contended that Orlinski had carried around a 50-pound camera during the course of his employment, and that caused his back injuries, not the collision at issue.
Damages
Orlinski sought past and future medical expenses, along with damages for past and future pain and suffering.
Injuries
Orlinski alleged he suffered small disc herniations at the C5-6 and C6-7 levels, along with herniated discs with annular tears at the L4-5 and L5-S1 levels. Orlinski claimed he has continuously undergone physical therapy as a result of the collision. Orlinski contended he could no longer use the same equipment he used to use in his occupation as a journalist, and he had to change his lifestyle due to new physical limitations.
Result
The parties agreed to settle the case for $225,000 before trial, based on defendants' policy that provided $1 million in coverage.
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