Jason Kelly v. Johnson Lam; Simon Lam; Ontrac; Subcontracting Concepts, Inc.; Subcontracting Concepts (CT), LLC; US Cargo Way Trucking Co.; Valerie Shemet; John Hussain Sharifi; H&H Courier, Inc.; Express Messenger Systems, Inc.; East Bay Courier, Inc.; and California Overnight, Inc.
Published: Jul. 31, 2020 | Result Date: Feb. 26, 2020 |Case number: RG17878979 Settlement – $2,000,000
Judge
Court
Alameda County Superior Court
Attorneys
Plaintiff
Ranger J. Wiens
(Harris Personal Injury Lawyers Inc.)
Daniel A. Hoer
(Harris Personal Injury Lawyers Inc.)
Defendant
Mary K. Talmachoff
(Bates, Winter & Talmachoff LLP)
for Express Messenger Systems Inc.
Facts
Jason Kelly's vehicle was sideswiped while driving on Interstate 880 in Fremont. Upon impact, Kelly's vehicle was redirected into a concrete medium. Johnson Lam was operating the vehicle that was involved in the collision with Kelly's vehicle. Kelly sued Lam, Lam's father, a various defendants for his resulting injuries.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants were all directly or vicariously liable for plaintiff's injuries. Plaintiff further contended that the operator of the vehicle that collided with plaintiff's was being operated in the course of business. Plaintiff further contended that defendants' negligent operation of their vehicle caused the collision with and injuries to plaintiff. Plaintiff also contended that defendant was operating an overloaded delivery vehicle with tires insufficient to bear the load and travel.
DEFENDANTS' CONTENTIONS: Defendants denied the contentions.
Injuries
Jason Kelley sustained a burst fracture in his L1 lumbar section and underwent lumbar fusion surgery at the T12-L1 and L1-2 levels and hardware removal surgery.
Result
The parties entered a $2 million settlement in the midst of trial.
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