Dalia Gamboa, guardian ad litem for Joshua Seth Hernandez v. Nathan Harris, Phenix Transportation West Inc., Phenix Transportation Inc., and Does 1 to 50
Published: Sep. 2, 2022 | Result Date: Apr. 7, 2022 | Filing Date: Jul. 10, 2017 |Case number: BC667551 Verdict – $52,947,896
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
William D. Shapiro
(Law Offices of William D. Shapiro)
Defendant
Daniel E. Kenney
(Harrington, Foxx, Dubrow & Canter LLP)
Facts
On June 14, 2017, Joshua Hernandez was a passenger in a vehicle heading westbound on Southern Avenue, in South Gate. The vehicle was broadsided as it entered the intersection with Long Beach Boulevard by a tractor-trailer operated by Nathan Harris that entered the intersection from southbound Long Beach Boulevard. Hernandez was taken by ambulance from the scene of the accident to a hospital, where he was diagnosed with a traumatic brain injury. He remained at the hospital for 10 days before being transferred to another hospital, where he remained for many months. Joshua, by and through his guardian ad litem, Dalia Gamboa, sued Harris, Harris' employer, the shipper of the goods that was loaded into the tractor-trailer, and the alleged owners of the transportation companies, alleging vehicular negligence and vicarious liability. The matter only proceeded against Harris and the transportation companies, Phenix Transportation West. and Phenix Transportation Inc.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that he suffered severe brain injuries as a direct result of the negligence of Harris' driving. He also alleged that he is unable to perform many activities by himself as a result of the accident and that he will require full-time care for the rest of his life.
DEFENDANTS' CONTENTIONS: Defendants accepted liability for the accident before trial. However, defendants disputed the nature and extent of Joshua's injuries and the cost of Joshua's life care plan.
Specials in Evidence
$786,825.67 $2,156,159 $20,004,912
Injuries
Traumatic brain injury
Result
$52,947,896.67 total award for plaintiff
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