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
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.
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