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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