This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Auto v. Auto
Head-on Collision

Sergio Camacho v. Cameron Johnson and Edward Stapf, by and through his Guardian ad Litem, Barbara Staph

Published: May 17, 2014 | Result Date: Jan. 16, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 30-2012-00542792-CU-PA-CJC Verdict –  $72,999

Court

Orange Superior


Attorneys

Plaintiff

Yoshiaki C. Kubota
(Kubota & Craig PC)


Defendant

Andrew J. Higa

William I. Chopak


Experts

Plaintiff

Steve Bellino
(technical)

Michael Einbund
(medical)

Defendant

Gerald P. Bretting
(technical)

Scott Rosenzweig
(medical)

Facts

Sergio Camacho was riding a bike, when he was involved in a collision with defendant Cameron Johnson. Edward Stapf owned Johnson's vehicle. Camacho filed a lawsuit against Johnson and Stapf. The court later dismissed Stapf as a defendant.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged on June 26, 2011, when he riding his bike down a hill, defendant's car was driving uphill, and smashed into plaintiff at a turn in the road. Plaintiff argued that defendant drove negligently and the Stapf had to be held responsible as well. Specially, plaintiff alleged that as he biked down the hill at an appropriate speed, defendant came up on the wrong side of the road, which brought about the crash. Plaintiff also argued defendant should have honked his horn before turning on the road.

DEFENDANT'S CONTENTIONS:
Defendant argued that plaintiff biked down the middle of the road at an excessive speed. Defendant argued plaintiff's companion told the police that plaintiff was at fault.

Settlement Discussions

Plaintiff demanded $49,999 under CCP Section 998 and the defense offered $20,000 under CCP Section 998.

Damages

Plaintiff asked for $48,000 in past medical expenses, $127,000 in future medical expenses, $350,000 in pain and fleering costs in the event of a future medical cost award, and $650,000 in the event of no such award.

Injuries

Camacho sustained back, neck and shoulder injuries, as well as a fractured finger, strains, and soft tissue injury.

Result

The jury awarded plaintiff $72,999, but because it found he was 75 percent liable, the award was reduced to $18,250.

Length

six days


#84601

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390