Case details
Crash rendered passenger partial quadriplegic: lawsuit
SUMMARY
$21513000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
fracture, neck
FACTS
On June 17, 2015, plaintiff Jose Maclovio, 18, a farm worker, was a passenger in a van operated by Ramiro Tadeo-Lazaaro. As they were traveling on Avenue 15, in Madera, their van was rear-ended by a vehicle operated by Craig Brewer. Maclovio sustained an injury to his neck. Maclovio sued Craig Brewer; the co-owner of Brewer’s vehicle, Michelle Brewer; Tadeo-Lazaaro; and the owner of Tadeo-Lazaaro’s van, Zurita Adan Aparicio. Maclovio alleged that Craig Brewer and Tadeo-Lazaaro were negligent in the operation of their respective vehicles. Maclovio also alleged that Michelle Brewer was vicariously liable for Craig Brewer’s actions and that Aparicio was vicariously liable for Tadeo-Lazaaro’s actions. Several of the defendants were dismissed from the case, and the matter continued against Craig Brewer. Brewer admitted liability, and the matter was tried on general damages only., Maclovio sustained a burst fracture of the C5 vertebra. He was taken to Community Regional Medical Center, in Fresno, and underwent an emergency cervical fusion. However, he was rendered a partial C4 quadriplegic. Maclovio was left with only partial use of his upper arms and restricted use of his wrists and hands. He is now a wheelchair user. Plaintiff’s counsel contended that Maclovio will be restricted in his future endeavors. Maclovio’s medical experts, one of whom was the neurosurgeon who performed the emergency cervical fusion and the other who was the director of the Rehabilitation Center at Santa Clara Valley Medical Center, in San Jose, opined that Maclovio would be wheelchair-bound for life. They also opined that Maclovio would have serious impairment in the use of his hands and wrists. Maclovio sought recovery of damages for his past and future physical and emotional pain and suffering, and loss of enjoyment of life. Defense counsel argued that Maclovio could still further his life and could go to school online. Defense counsel suggested that Maclovio’s damages only totaled approximately $2 million.
COURT
Superior Court of Madera County, Madera, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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