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
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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