Facts

Francisco Romero sued Miguel Romo, James Franco, and Cali Built Construction, in connection with a motor vehicle accident that occurred on Dec. 31, 2012.

PLAINTIFF'S CONTENTIONS:
Plaintiff was just stopped at a stop sign on Calhoun St. in Coachella when he was struck by a truck operated by defendant driver Romo, as he entered the intersection with 50th Ave. Plaintiff was accompanied by his fiancée in the front passenger seat and his children when the accident occurred. Plaintiff sued the driver, defendant Romo, and the truck's owner, Franco, as well as Romo's employer, Cali Built, for negligence and vicarious liability. Plaintiff accused Romo of failing to stop at the stop sign. Plaintiff also alleged that Romo was inattentive, thereby causing the accident.

DEFENDANTS' CONTENTIONS:
Defendant Romo claimed he attempted to stop, but was unable to avoid the collision. Defendant's expert denied plaintiff's claimed need for future surgery.

Settlement Discussions

Romero made a CCP 998 demand of $74,999. Romo made a CCP 998 offer of settlement for $15,000.

Injuries

Romero's car was deemed a total loss. Although Romero did not seek immediate medical attention at the scene of the accident, he claimed he began to experience pain in his lower back that it later increased in intensity. He presented to a chiropractor two days after the accident who recommended he undergo physical therapy. The chiropractor noted bruising over his chest area. An MRI revealed a bulge in his spine and continued to experience pain. His treating neurosurgeon opined he would need lumbar fusion surgery. Romero, who was a chef, claimed the pain prevented him from working. He also had to abstain from taking longer walks or riding a bicycle, which he claimed were normal activities he enjoyed prior to the accident.

Result

Franco and Cali Built stipulated to pay under the insurance in the event Romo was found liable. Both parties were dismissed and the matter continued against Romo only. Ultimately, the jury found Romo liable and awarded Romero $258,600 in damages, which included $15,000 in past medical expenses, $223,600 in future medical expenses, $10,000 in past pain and suffering, and $10,000 in future pain and suffering.

Other Information

FILING DATE: July 19, 2013.