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Personal Injury (Vehicular)
Truck Accident
Motorcycle Collision

Jose Hernandez v. National Carriers, et al.

Published: Mar. 11, 1995 | Result Date: Feb. 17, 1995 | Filing Date: Jan. 1, 1900 |

Case number: BC098155 –  $1,001,160

Judge

Ernest M. Hiroshige

Court

L.A. Superior Central


Attorneys

Plaintiff

Robert L. Luty
(Robert L Luty Attorney at Law)


Defendant

Thomas J. Dowling
(Hager & Dowling)


Experts

Plaintiff

William A. Anneman
(technical)

Jerome Lapporte
(technical)

Ted Mitchell
(technical)

Bradley Fideler
(medical)

Juliet DeCampos
(medical)

Defendant

Allan Keith Miller
(technical)

John P. Viboch
(medical)

Facts

On January 10, 1994, Plaintiff Jose Hernandez, a 58-year-old Spanish-speaking spray painter of metal drums, was operating a 1981 Honda Passport motorcycle southbound at 5:00 a.m. in darkness. Defendant's tractor/trailer rig was traveling northbound and made a left turn on a green light at an intersection. The two vehicles collided. Plaintiff's motorcycle headlamp was determined to have burned out prior to the collision. Plaintiff is amnesic concerning the accident details.

Settlement Discussions

Plaintiff contends he made a 998 demand for $1,000,000 in May of 1994 reduced at trial to $800,000; Defendant offered $125,000 prior to trial and increased to $700,000 after one week of trial.

Specials in Evidence

$82,260 $25,750 $126,800 $91,988

Injuries

Plaintiff sustained a collapsed lung; fractured clavicle, scapula, ribs, femur, tibia, and fibula; and a partial traumatic amputation of the distal index finger. He underwent open reduction internal fixation of the left femur, tibia, and fibula; surgical repair of the rotator cuff; and 16 days in-patient care at LAC/USC. He is presently receiving physical therapy and it was claimed he would to undergo future surgeries.

Deliberation

2 days

Poll

12-0

Length

10 days


#86574

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