Facts

On June 8, 2017, the Collazo family was driving in their 2006 Mercedes Benz E350. Plaintiff Jesus Collazo was driving the vehicle, his son Diego rode in the passenger seat, and his wife was seated in the rear driver's side seat. They entered the onramp of the westbound 22 Freeway from Chapman Avenue. After traversing the curved portion of the onramp, they came to a tri-phase ramp light designed to control traffic entering the highway. Jesus came to a complete stop for the red light.

Moments later, quite suddenly, the Collazos felt a severe impact from the rear.

County employee and on-duty police officer Chad Phillips had also attempted to enter the freeway. However, he had dropped his handheld radio speaker microphone on the floorboard of the vehicle. By his own admission, he was distracted and did not see that the Collazos had stopped lawfully for the red light. In his deposition, he also admitted that he had made this very mistake before, and that it did not comport with his training on safe driving practices in picking up the microphone.

Due to his distraction, the rented Ford F-150, a heavy and massive five-thousand-pound body-on-frame truck, crashed violently into the rear of the Collazos' vehicle.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that this rear ender was the source of great pain and suffering to plaintiffs.

DEFENDANT'S CONTENTIONS: Defendant alleged that all the medical treatments received by plaintiff were not reasonable and necessary. That any damage awarded to plaintiffs should account for the fact that Lorena had a history of prior back complaints, such as claims of work related injury to her back. Lorena's ongoing symptoms and continuous treatment were more due to her physical profile, as indicated by her doctor's past diagnosis of her being obese. Based on the sub rosa video obtained, Lorena was not actually as injured from the incident as suggested. Plaintiffs and their attorneys orchestrated some sort of conspiracy to build up the case because they saw defendant Orange County as having deep pockets.

Settlement Discussions

Lorena Collazo made a CCP 998 demand of $750,000. Jesus Collazo made a CCP 998 demand for $65,000. Plaintiffs' final demand before trial was $1 million. Defendants made a final offer of $0.00 before trial.

Specials in Evidence

Meds: $474,471 (Lorena); $72,396 (Jesus); $11,451 (Diego) Loe: $45,000 (Lorena) Lorena: $150,000

Injuries

Lorena in particular was the one most affected by the accident as she has not been able to return to work since. She suffered lumbar and cervical spine and shoulder injuries. That as a result Lorena was forced to undergo a litany of medical treatment, including over 10 injections, a laminectomy, a spinal cord stimulator, etc. Altogether, Lorena's medical expenses equaled nearly $475,000. Lorena's doctors also supported the contention that she will need to undergo a spinal fusion in the future as a result of the subject incident as well. Jesus Collazo suffered injuries to his lumbar spine, cervical spine, shoulder, knee and right finger. Diego Collazo suffered injuries to his right ankle, lumbar spine, neck, right shoulder and lower back. The medical bills for all three plaintiffs alone, not counting the ongoing pain and suffering that collectively they continue to tolerate from this incident, amounted to nearly $560,000.

Result

Plaintiffs' verdict for $2,221,769.

Deliberation

one day

Length

9 days