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Personal Injury
Common Carrier Law
Failure to Provide Seatbelt

Teodoro Gutierrez, by and through his Guardian ad Litem, Vilma Martinez v. Ernie's Mobile Home Transport Inc., Round Trip Transportation Inc., and Does 1 through 50, inclusive

Published: Nov. 26, 2016 | Result Date: Nov. 2, 2016 | Filing Date: Jan. 1, 1900 |

Case number: BC594975 Settlement –  $900,000

Court

L.A. Superior Central


Attorneys

Plaintiff

Brendan W. Brandt
(Varner & Brandt LLP)

Adam L. Miederhoff
(Office of the San Bernardino County Counsel)


Defendant

Melkon Melkonyan

Shawn K. Elliott
(Tharpe & Howell)


Facts

Plaintiff was a disabled adult riding as a passenger in a Ford E-Superduty vehicle that was struck by a tractor trailer owned by Ernie's Mobile Home Transport and driven by Scott Adair. He sued Ernie's, Adair, and others, for negligence.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Adair caused the collision by operating the vehicle at an excessive rate of speed.

DEFENDANT'S CONTENTIONS:
Defendants admitted negligence.

Injuries

As a result of the subject accident, plaintiff sustained multiple injuries including a fractured femur and dislocated hip. Surgery was performed, which caused the removal of the femoral neck, resulting in plaintiff's inability to sit, stand, transfer, walk, or roll over without assistance. A total hip replacement surgery is anticipated.

Result

Plaintiff settled with Ernie's Mobile Home Transport and Adair for $900,000.


#84916

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