James Hall v. Pedro Castaneda, Harber Companies Inc.
Published: Mar. 15, 2005 | Result Date: Nov. 24, 2004 | Filing Date: Jan. 1, 1900 |Case number: RCV058508 Verdict – $2,324,380
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Daniel T. Pierson
(Law Offices of Daniel T. Pierson)
Defendant
William P. Harris III
(Frantz Law Group APLC)
Robert E. Henke
(Diederich & Associates)
Experts
Plaintiff
Douglas Garland
(medical)
Brad P. Avrit P.E.
(technical)
Salah Rubayi
(medical)
Betzabe M. Alday
(medical)
Kristine K. Kubose
(medical)
Defendant
Joel J. Teplinsky
(medical)
Glenna P. Tolbert M.D.
(medical)
Facts
On Nov. 2, 2000, the 43-year-old plaintiff sustained injuries as a result of a five-car truck vs. automobile accident. The plaintiff was operating a 1999 Chevy Blazer westbound on the I-10 Freeway near the Haven Avenue exit in the City of Ontario. The defendant, Pedro Castaneda was operating a 1990 Ford Super Duty commercial truck owned by the defendant, Harber Companies Inc. The defendant Castaneda was within the course and scope of his employment. The plaintiff observed traffic ahead slowing down and brought his vehicle to a stop. The defendant failed to notice that the vehicles ahead had slowed and stopped and rear ended a 1998 Toyota Camry which was pushed into the rear of the plaintiff's vehicle which, in turn pushed into the rear of the vehicle in front of the plaintiff. The plaintiff's vehicle sustained rear and front damage totaling $12,179. The plaintiff was a pre-existing paraplegic who had suffered a spinal cord injury after a rock climbing accident in 1973. He suffered from a spine fracture and fusion at levels T8, T11-12. Prior to the accident, the plaintiff was an extremely healthy person despite his paraplegia. He was an athlete. While recovering from his initial injury in 1973, the plaintiff was introduced to the sport of table tennis. He took to the sport and began to compete on a national level. He received his first gold medal in 1989 and from there became a member of various championship teams including the 1996 Para Olympian team which represents the United States. He had just returned from the 2000 Sydney, Australia Games two days prior to the accident. He was also a successful businessman. He was a self-employed owner of the vocational school, Summit Career College in Colton and is now one of the largest nursing schools in the state. On June 12, 2002, during a physical therapy treatment necessitated by the accident, the plaintiff sustained a full thickness burn from a hot pack used by his physical therapist to treat his lower back during physical therapy. Treatment for the burn injury included 26 days of hospitalization and skin grafting directly over the plaintiff's sacrum.
Specials in Evidence
$191,000 (which after "Haniff" were reduced to $77,000) none $300,000 (for burn); $180,000 (for orthopedic)
Damages
$1,780,000
Injuries
The plaintiff sustained a direct blow to the area of his lumbar spine corresponding to the previous fracture site which had initially rendered the plaintiff a paraplegic. As a result of the pre-existing paraplegia and fusion, the plaintiff had developed a "charkot joint" or "false joint" in the area of the fusion. The charkot joint was disrupted as a result of the rear-end collision. The injury resulted in frequent and continuous debilitating muscle spasms of the plaintiff's abdomen, lower back, legs and hips. The spasms could be controlled somewhat with medication. Unfortunately, the medication debilitates the plaintiff. His choice was either to live with the pain and spasm or be under the influence of powerful debilitating pain and spasm medication. The plaintiff also contended that he sustained a cervical spine injury in the automobile accident. The plaintiff did suffer from pre-existing degenerative disc disease in his cervical spine which he contended was asymptomatic prior to the accident. Following the accident, the plaintiff complained of headaches, neck pain and bilateral radiculopathy into his upper arms, wrists and hands. With regard to the burn injury, the plaintiff contended a need for future surgery which would require moving a portion of the plaintiff's thigh muscle and attaching it over the sacrum.
Result
Past and future economic damages of $544,380; past and future non-economic damages of $1,780,000.
Deliberation
5.5 hours
Poll
12-0 (liability), 12-0 (causation), 12-0 (economic damages), 12-0 (general damages)
Length
six days
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