Stanley Hicks v. Guadalupe L. Gonzalez, Evelyn Jacqueline Ortega, Maria Ortega, and Does 1 through 30, Inclusive
Published: May 24, 2014 | Result Date: Dec. 13, 2013 | Filing Date: Jan. 1, 1900 |Case number: RIC1104511 Verdict – Defense
Court
Riverside Superior
Attorneys
Plaintiff
Robert S. Fink
(Law Office of Robert S. Fink)
Defendant
Peter J. Gates
(Gates, Gonter,Guy, Proudfoot & Muench LLP)
Experts
Plaintiff
Stepan Kasimian M.D.
(medical)
Defendant
Alan M. Strizak
(medical)
Facts
Stanley Hicks filed a lawsuit against Guadalupe Gonzalez, Evelyn Ortega and Maria Ortega in relation to an automobile accident.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that on March 20, 2012, he was driving when a vehicle driven by Evelyn Ortega hit the side of plaintiff's vehicle. Plaintiff alleged that Ortega was trying to make a u-turn at the time. He claimed that although there was a right turn only sign and markings, defendant tried to turn left. In addition, he argued that the vehicle's owner, Gonzalez, should be liable for the accident as well.
DEFENDANT'S CONTENTIONS:
Defendants argued that plaintiff already suffered from his claimed injuries before the accident and that the accident did not bring about any other injuries. Defendants argued that the knee surgery plaintiff underwent was unrelated to the incident.
Settlement Discussions
Defendants offered $15,000 at the policy limits.
Damages
Hicks asked for $857,000 in damages, which consisted of $200,00 in future expense for surgery and pain and suffering damages.
Injuries
Hicks suffered a herniated disc at L4-5 and a meniscus tear. He underwent arthroscopy, knee replacement, physical therapy and chiropractic treatment.
Result
The jury found in favor of defendants.
Other Information
The court granted $28,004 in costs to the defense post-trial. INSURER: State Farm Mutual Automobile Insurance Co. for Guadalupe Gonzalez.
Length
five days
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