Jesus Pasos, Maria Christina Wilson v. Viyolpam, S.A. de C.V., Jorge Sanchez, Victor Sanchez, Tomas Jimenez
Published: Aug. 3, 2004 | Result Date: Oct. 20, 2003 | Filing Date: Jan. 1, 1900 |Case number: GIC779796 Verdict – $600,000
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Barry G. Florence
(Law Ofcs Barry G Florence)
Edward W. Choi
(Law Offices of Choi & Associates PC)
Jae Y. Lee
(Lee & Associates PC)
Defendant
Ruben Tarango
(Lewis Brisbois Bisgaard & Smith LLP)
Experts
Plaintiff
Janice Wexler
(technical)
Chadwick E. Smith
(medical)
Marcel O. Ponton Ph.D.
(medical)
Defendant
Raymond M. Vance M.D.
(medical)
Raymond J. Linovitz
(medical)
David Reiss
(medical)
Facts
In 2001, Maria Wilson, 28, and Jesus Pasos, 56, both Mexican nationals, were passengers on a Viyolpam Tours bus traveling on I-8 outside San Diego. The bus, which was owned by Mexico-based Viyolpam S.A. de C.V. and Jorge and Victor Sanchez, was heading to Viejas Casino. The driver of the bus, Tomas Jimenez, was determined to have driven it under the influence of alcohol. The facts indicated that as he was heading west on I-8, it was snowing and that there had been a collision of other vehicles in front of him. As a result of the collision, he braked and this caused the bus to spin out and overturn on the freeway. Wilson and Pasos sued Viyolpam, the Sanchezes and Jimenez, alleging vehicular negligence. They also sued for punitive damages. At the time of trial, the parties stipulated that in exchange for a waiver of punitive damages by the plaintiffs, the defendants would admit liability. Notwithstanding the stipulation, the judge allowed the issue of alcohol to be put in front of the jury because the plaintiff claimed it as part of his present mental condition. The defendants contended that Wilson received inappropriate treatment and did not suffer from post traumatic stress disorder. They also contended that Pasos' injuries were degenerative in nature and pre-existed the accident. They claimed the injuries did not appear in his medical records until months after the accident.
Settlement Discussions
Wilson made a C.C.P. Section 998 demand of $250,000. Case settled before trial for $200,000. Pasos made a C.C.P. Section 998 demand of $559,999. The defendants offered $256,000 prior to trial. Pasos argued to the jury for $1.8 million.
Injuries
Wilson claimed injuries to her lower back and neck. She also suffered post-traumatic stress disorder which kept her from practicing her profession as a licensed lawyer in Mexico. Pasos claimed he suffered shoulder and knee injuries for which he underwent four arthroscopic surgeries. Medical testimony indicated that in the future, Pasos would need replacement prosthesis in both knees and one shoulder.
Result
Maria Christina Wilson settled for $200,000.
Deliberation
one day
Poll
12-0
Length
five days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390