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Personal Injury
Automobile Incident

Gary Walth, Norlyn Mercado v. Amalia Alcantara, Nava Incorporated and Does 1 to 50

Published: Sep. 2, 2022 | Result Date: Jun. 30, 2022 | Filing Date: Aug. 13, 2019 |

Case number: 19CV353309 Settlement –  $1,000,000

Judge

Peter H. Kirwan

Court

Santa Clara County Superior Court


Attorneys

Plaintiff

Jesse M. Creed
(Panish, Shea & Boyle LLP)

Darren A. Reid
(Cohen Law Partners)

Joshua A. Cohen
(Cohen Law Partners)


Defendant

Kevin Kay Cholakian
(Cholakian & Associates)


Facts

Plaintiff Gary Walth was struck by defendant Amalia Alcantara who was operating a bus in the course and scope of her employment with Nava Inc., a rehabilitative services company in Santa Clara.

Contentions

PLAINTIFF'S CONTENTIONS: Defendant was at fault for plaintiffs' injuries.

DEFENDANT'S CONTENTIONS: Plaintiff's phrenic nerve injury was caused by a virus.

Damages

General damages, past and future loss of earnings, past and future medical injuries

Injuries

Plaintiff suffered phrenic nerve paralysis, which is the nerve that controls the diaphragm and breathing. Plaintiff required two surgeries: a nerve transplant from the ankle to the phrenic nerve and a diaphragm plication.

Result

The case settled for $1 million.


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