Case details

Family claimed tractor-trailer ran red light, causing crash

SUMMARY

$70578289

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
anxiety, brain, brain injury, bulging disc, cervical, cognition, depression, face, facial bone, fracture, head, impairment, mental, neck, nose, psychological, sensory, skull neck, speech, traumatic brain injury, vision
FACTS
On Aug. 14, 2017, plaintiff Tomasa Cuevas, 42, was driving her sport utility vehicle with her son, plaintiff Alejandro Cuevas, 15, as a front seat passenger and her daughter, plaintiff Maritza Cuevas, 11, as a back seat passenger. As they entered the intersection of Pamana Road and South Union Avenue, in Bakersfield, their SUV was broadsided by a tractor-trailer operated by Amarjit Aulakh of Rai Transport Inc. Ms. Cuevas and Alex sustained to their faces and heads, while Maritza witnessed the aftermath. Ms. Cuevas, acting by and through her guardian ad litem, Joseph Etienne, and her children, Alejandro and Maritza, actingby and through their guardian ad litem, Fidencio Cuevas Jr., sued Aulakh and Aulakh’s employer, Ajit Singh Rai, who was doing business as Rai Transport Inc. The Cuevas family alleged that Aulakh was negligent in the operation of the tractor-trailer and that Rai negligently entrusted the truck to Aulakh and was vicariously liable for Aulakh’s actions. Plaintiffs’ counsel contended that Aulakh ran a red light while traveling north on South Union Avenue, causing the collision. Counsel further contended that Rai negligently entrusted the vehicle to Aulakh, as Aulakh was operating the truck with a suspended commercial driver’s license and had been involved in 14 previous crashes. Rai initially denied liability, but one month before trial, he admitted that Aulakh ran the red light and caused the collision. Aulakh was then let out of the case, and Rai’s counsel argued damages., Ms. Cuevas, Alejandro and Maritza were all taken to a hospital, where Ms. Cuevas and Alejandro were admitted. Ms. Cuevas was diagnosed with numerous skull and facial fractures, as well as a moderate traumatic brain injury. She remained hospitalized for approximately three weeks. Ms. Cuevas claimed that she is left with impaired vision, and physical pain in her head and neck. She also claimed that she suffers impairments in her memory, smell, hearing and walking. In addition, she claimed that she suffers from post-traumatic stress disorder and depression. Plaintiff’s counsel contended that Ms. Cuevas is now susceptible to brain diseases as a result of the brain injury. Alejandro sustained facial fractures and skull fractures. He also claimed he suffered a 1.77 millimeter cervical disc bulge and a traumatic brain injury. After being admitted to the hospital, he was airlifted to the nearest children’s hospital, where he was treated. Alejandro claimed that he is left with physical pain to his head, face and eyes and that he suffers from visual impairment and blurred vision. He also claimed he suffers from a delay in mental processing and that as a result, it takes him longer to read and process information. Alejandro was a cross-country runner who was about to enter the 10th grade. However, he claimed he can no longer run as fast as he used to be capable of running and that he now suffers from anxiety. Maritza only sustained scratches in the accident. However, she claimed she witnessed the horrific to her mother and brother. After the accident, paramedics found Maritza crying hysterically outside of the SUV after seeing her mother and brother covered in blood and being unresponsive. Maritza has since been diagnosed with post-traumatic stress disorder. She also claimed she suffers from anxiety. Ms. Cuevas and Alejandro waived their past medical costs, and did not make a claim for lost wages or earning capacity. However, they each sought recovery for their respective future medical costs. In addition, Ms. Cuevas, Alejandro and Maritza sought recovery of noneconomic damages for their past and future pain and suffering. Ms. Cuevas’ husband, Fidencio Cuevas, initially presented a derivative claim, but he did not continue to trial as a plaintiff. Defense counsel contested the Cuevas family’s alleged , and contended that Ms. Cuevas’ orthopedic were pre-existing. Counsel also contended that Ms. Cuevas, Alejandro and Maritza all returned to baseline and were no longer affected by their alleged .
COURT
Superior Court of Kern County, Kern, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case