Facts

On Aug. 10, 2015, plaintiff Malak Qaadir was driving his freightliner liquid nitrogen truck back to the yard for Trimac Transportation on the 605 South when he was rear ended by a tractor-trailer driven by Ubaldo Figueroa and owned by Pacifica Trucking. Defendant testified at deposition that he was traveling between 45-50 mph before applying the Tractor's brakes. Plaintiff testified that the impact knocked his glasses off, he hit his chest on the steering wheel, his head on the windshield and his lunchbox and clipboard flew off the passenger seat. He also testified that the impact pushed his truck about two car lengths.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that the accident was significant, that his treatment and care was related, reasonable and necessary. He further claimed that he was unable to return to work as a truck driver, that he would need to settle for a lower paying job, and that he would need future medical care.

DEFENDANT'S CONTENTIONS: Defendant claimed that the collision was not sufficient enough to cause a disc injury and that any such injury, which was not indicated to Defendants' experts, would have been the product of preexisting degenerative changes. Accordingly, with respect to any potential injury resulting from the incident itself (sprains and strains at most), Defendant contended plaintiff could have returned to work with minimal wage loss and no future medical care. Defendant further contended that had plaintiff not undergone unnecessary and unrelated surgery with Dr. Mobin, he would have been physically capable of returning to his job as a truck driver. But given that the unnecessary surgery was done, he was recovered and could go back to work in a related field as a freight broker making as much or more than he made before by changing careers.

Settlement Discussions

Plaintiff made one policy limit demand for $1 million but did not respond to Defendant's request for additional time to consider the demand. Just prior to trial, Defendant offered the $1 million, which was countered with a $5,000,000 demand.

Specials in Evidence

Meds: $532,000 Loe: 282,288 Future Loe: $900,000 Future Meds: $500,000

Injuries

After the accident, plaintiff refused medical care at the scene, refused an ambulance and went and dropped the truck off at the yard nearby. Both vehicles were driven from the scene. Plaintiff testified he had discomfort in his back at the scene, but later that evening he began developing back pain and pain into his leg. The next day he went to work and he was sent to the clinic for evaluation and x-rays where he was given medication. Thereafter he presented to the emergency room at Kaiser with back and leg pain and then began treating with Dr. Kim and Dr. Badday at South Bay Pain Docs for almost a year. He had several epidurals in 2015 and into 2016 and in July 2016, he decided to undergo a lumbar fusion with Dr. Fardad Mobin including plates and six pedical screws. He continued physical therapy and in Spring 2018 he had a spinal stimulator implanted by Dr. Kosar and in July 2016, he had hardware removal surgery and a further fusion by Dr. Mobin. He had not been able to return to work as a truck driver since the accident. Plaintiff's wife testified that he had ongoing back pain but the leg pain got better. At the time of trial, plaintiff testified that he was getting better and would start to consider looking for work of some kind within his physical limitations.

Result

Plaintiff's verdict for $3,464,288

Other Information

Notice of Appeal was timely filed by Defendant and is currently pending.

Deliberation

1.5 days

Length

15 days