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Personal Injury
Bicycle v. Truck
Negligence

Joel Francisco Palacios Somera v. Garrick Edward Batt, Sign Specialists Corporation, Eldred Grover Powers

Published: Dec. 3, 2016 | Result Date: Jun. 2, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 30-2014-00705789-CU-PA-CJC Verdict –  $567,000

Court

Orange Superior


Attorneys

Plaintiff

Timothy J. Donahue
(Law Office of Timothy J. Donahue)


Defendant

Marc H. Garber
(Law Offices of Muhar, Garber, Av & Duncan)


Facts

Joel Somera sued Garrick Batt, Sign Specialists Corp. and Eldred Powers, in connection with a collision between a truck and a bicycle.

Contentions

PLAINTIFF'S CONTENTIONS:
On Feb. 21, 2012, plaintiff was riding his bicycle along Fairview St. in Santa Ana when he was struck by a truck being driven by defendant Powers. Plaintiff was injured and sued Powers, his employer Sign Specialists, and Batt, the owner of the truck and Sign Specialists, for negligence and vicarious liability.

DEFENDANTS' CONTENTIONS:
Defendants disputed plaintiff's claimed injuries, treatment received, and medical costs.

Settlement Discussions

Plaintiff served CCP 998 for $399,000.

Damages

Somera sought $283,000 in past medical expenses and an unspecified amount for pain and suffering.

Injuries

Somera sustained injuries to his spine, which he treated with physical therapy and chiropractic care. He later underwent surgery in January 2016.

Result

The jury found in Somera's favor and determined he was damaged in the amount of $567,000.

Other Information

Plaintiff served CCP 998 for $399,000. Therefore, defendant paid an additional $65,000 of interest and approximately $20,000 in costs and expert fees. FILING DATE: Feb. 19, 2014.


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