Facts

On March 15, 2017, plaintiff Stacey Burton was traveling eastbound on SR-223 (Bear Mountain Boulevard) in Kern County. At the same time defendant Francisco Murillo was returning home in a tractor-trailer truck under Martinez Trucking's bill of lading. Stacey Burton was attempting to make a left turn when Francisco Murillo T-boned Stacey Burton's vehicle. The force of the impact caused Burton to lose consciousness for approximately 10 to 15 minutes.

The police officer at the scene found Francisco Murillo at fault for the collision in violation of California Vehicle Code Section 21460 (a) V.C. for driving to the left of double parallel solid yellow lines.

Plaintiff sued Francisco Murillo individually, Martinez Trucking Logistics, Inc., and Francisco Murillo dba Murillo Trucking for motor vehicle negligence.

DEFENDANT'S CONTENTIONS: Martinez Trucking initially disputed vicarious liability. Once liability was admitted, defendants disputed the severity of Burton's injuries; asserted that she did not sustain a traumatic brain injury; and that her orthopedic injures, specifically neck and back injuries, were preexisting conditions unrelated to the collision.

Injuries

Plaintiff suffered neck cervical and lumbar discectomy and fusion; trigeminal neuralgia of the right side of the face--a chronic pain condition; mild-traumatic brain injury; post-concussion syndrome resulting in daily headaches; post-traumatic stress disorder Plaintiff suffered severe permanent injuries as a result of the collision. Plaintiff was evaluated by paramedics at the scene of the accident and was ultimately transported by the paramedics to the emergency room. Plaintiff was diagnosed with injuries and pain to her head, face, neck, shoulders, back, arms, legs, and chest as well as psychological suffering and a traumatic brain injury. She suffered injuries to both her cervical and lumbar spine. To mitigate this pain, she received a cervical epidural steroid injection into the epidural spaces at C4-C5 of her spine. Plaintiff also participated in chiropractic care and physical therapy. Eventually, plaintiff had surgery for the injuries to her cervical spine. She underwent an anterior cervical spine discectomy with a partial carpectomy of C3-C4, C4-C5, and C5-6. Due to continued pain and unresolved injuries in her back, she has been advised to seek future medical care. This would consist of a lumbar transforaminal epidural steroid and facet injection at L5-S1 bilaterally and a possible rhizotomy which would result in a future medical expense of $85,000. She has also been told she will need an additional surgery consisting of a discectomy, laminectomy, and facetectomy of her L5-S1 which would result in a future medical expense of $190,000. She sustained significant facial trauma which caused pain, decreased sensation, numbness, and nerve damage and was diagnosed with trigeminal neuralgia of the right side of her face. She also suffered multiple injuries to her jaw. She had constant headaches and was treated with an optical nerve block to help relieve the pain. Ultimately, she was diagnosed with post-concussion syndrome and a traumatic brain injury that affected her speech and memory. In addition to the brain trauma, she suffered from mental and emotional distress. After the incident, she experienced insomnia and nightmares. She also suffered from multiple mental health disorders which consisted of post-traumatic stress disorder, anxiety, and depression.

Result

Plaintiff was awarded $2,993,931 after the defense accepted the plaintiff's offer to have a judgment taken against them pursuant to California Civil Code of Procedure Section 998