Facts

Moises Herrera sued High Country Transportation and Robert Durio, in connection with a motor vehicle accident that occurred on Oct. 15, 2010.

PLAINTIFF'S CONTENTIONS:
Herrera alleged that he was driving on the 210 Freeway when he was rear-ended by a tractor-trailer operated by Robert Durio. Herrera was injured as a result, and sued Durio and his employer, High Country Transportation for negligence and vicarious liability. Herrera contended that Durio was not paying attention, and was speeding when he collided with his vehicle.

DEFENDANTS' CONTENTIONS:
Defendants disputed the extent of Herrera's injuries and damages. Defendants claimed that Herrera's CT scan was inconsistent with his alleged injuries. Defendants asserted that Herrera's lower back injuries were not caused by the accident.

Settlement Discussions

Herrera demanded $300,000, which defendants countered with a $110,000 offer.

Damages

Herrera requested $5,000 in lost earnings because he claimed the accident caused him to miss 11 weeks of work. He also requested $170,000 in past medical costs and $175,000 for non-economic, pain and suffering damages.

Injuries

Herrera claimed he suffered from a herniated disc and nerve damage. He underwent six months of physical therapy. He also treated with an orthopedist and received two epidural shots. The treatments did not resolve his lower back injury necessitating a microdistectomy, which was performed on Feb. 14, 2013. The surgery resolved most of his nerve problems, and claimed to be almost fully healed.

Result

The jury rendered a verdict in favor of Herrera and awarded him $350,939 in total damages, which included $170,269 for past medical cost, $5,670 for past lost earnings, and $175,000 for past pain and suffering.

Other Information

FILING DATE: May 7, 2014.

Deliberation

two hours

Length

11 days