Case details

Auto shop’s repair not cause of tire’s later failure, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
brain, brain injury, epilepsy, neck, whiplash
FACTS
On April 21, 2014, plaintiff Celina Cervantes, 16, a student, was a rear-seat passenger of a truck that was rear-ended after having made a sudden stop behind another vehicle near the intersection of Kimball Avenue and Euclid Avenue, in Chino. Celina’s father was driving the truck, and her mother, plaintiff Sandra Cervantes, was in the front passenger seat. Her younger sister and her sister’s friend were also passengers in the rear of the truck. A truck traveling in the opposite direction and operated by Jereme Hsu had a tire come off. The tire bounced into oncoming traffic and struck the front of the vehicle that had stopped in front of Celina’s truck shortly before the intersection of Kimball Avenue and Euclid Avenue. While Celina’s vehicle was stopped behind the struck vehicle, it was rear-ended by a vehicle operated by Jadah Pointer. Celina claimed that she suffered of her neck and a shoulder. Celina sued Hsu; Jadah Pointer; and the owner of Jadah Pointer’s vehicle, Nandi Pointer. Celina also sued Chino Hills Ford, which rotated the tires on Hsu’s truck approximately 550 miles from the subject location of the accident. Celina alleged that Hsu and Jadah Pointer were negligent in the operation of their respective vehicles and that Nandi Pointer was vicariously liable for Jadah Pointer’s actions. Celina also alleged that Chino Hills Ford was negligent in its work on Hsu’s truck. Plaintiff Sandra Cervantes, and Hsu, Jadah Pointer and Nandi Pointer all settled out of the case. The matter only continued with Celina’s claims against Chino Hills Ford. Plaintiff’s counsel contended that the dealership undertorqued the lug nuts on Hsu’s vehicle’s tire. The plaintiff’s vehicles expert opined that it was possible for the tire to be undertorqued and for Hsu not to feel any difference in his vehicle, as Hsu claimed he did not feel anything different in the handling of the truck before the accident and did not hear any noises, but only felt a dip when the tire came off. Counsel for Chino Hills Ford argued that if Hsu’s tire was undertorqued, the wheel would have fallen off immediately, instead of 550 miles after it was serviced. The defense’s automobiles expert opined that, in the scenario of an undertorqued tire, the vehicle would have handled differently, or noises would have been heard, and that because the subject vehicle was a big truck, the noises and feeling would have been significant. The expert also opined that an undertorqued tire would have come off after a few miles., Celina initially claimed that she suffered whiplash and shoulder pain as a result of the collision. She had her first seizure 17 months after the accident. Celina was initially treated by her pediatrician. She then had another seizure months later and a third seizure after that. Her seizure disorder was eventually diagnosed at Loma Linda University Medical Center, in Loma Linda. Celina was also diagnosed with epilepsy a year later. Plaintiff’s counsel contended that Celina suffered from menstrual migraines and that any trauma made her more susceptible to being epileptic. Counsel argued that the collision exacerbated Celina’s prior condition. Celina initially sought recovery of $1 million in future prescription costs, but she was prevented from presenting that argument at trial, as she did not have a medical billing expert. As a result, Celina sought recovery of $7.4 million in total damages, including $20,000 in past medical costs and $7.38 million in damages for her past and future pain and suffering.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

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