Case details

Inattentive truck driver caused collision with tractor: plaintiff




Mediated Settlement

Result type

Not present

brain, brain damage, brain injury, chest, cognition, coma, concentration, diplopia, double vision, face, facial bone, fracture, impairment, mental, nose, psychological, sensory, speech, traumatic brain injury, vision
On July 31, 2015, plaintiff Ignacio Jimenez-Estrada, 66, a farmworker, was operating a John Deere tractor on westbound Hosfield Drive, a straight, flat, country road in Tulare. He was heading back to the farm’s shop, traveling at about 22 mph, hugging to the right side of the road with the tractor’s blinkers on, when his tractor was rear-ended by a tractor-trailer operated by Thomas Goulart. Jimenez-Estrada was thrown from his tractor, which was cut in two, and he landed on the roadway face first. He sustained to his head, back, face, chest, a shoulder and a hand. Jimenez-Estrada sued Goulart; the owner of the tractor-trailer, Quinn Rental Services; and Goulart’s employer, Quinn Group Inc. Jimenez-Estrada alleged that Goulart was negligent in the operation of the tractor-trailer and that the Quinn defendants were vicariously liable for Goulart’s actions. The matter proceeded to mediation. Goulart claimed he did not see Jimenez-Estrada and later told the California Highway Patrol that he must have fallen asleep. However, defense counsel asserted that Jimenez-Estrada was comparatively negligent for not using the tractor’s seat belt., Jimenez-Estrada suffered a traumatic brain injury, multiple thoracic spine fractures, facial fractures, a degloving injury to his right cheek, a collapsed lung, a torn rotator cuff and a dislocation fracture to a finger. He was taken to a hospital, where he remained for more than a month, during which he spent the first week in a coma. Jimenez-Estrada was then taken to a rehabilitation facility, where he remained for another month. Jimenez-Estrada has not worked since the incident, and he claimed he will never work again. He alleged that he continues to suffer from chronic back pain, memory and concentration problems, periodic double vision, and limited function in his hand and shoulder. He also alleged that he will live with pain, disability, and the multiple deficits for the rest of his life. Jimenez-Estrada sought recovery of approximately $2.1 million in total economic damages, including approximately $300,000 in past, paid medical costs, and in excess of $1.7 million for his future medical and attendant care. He also sought recovery of damages for his past and future medical costs. His wife, Maria Jimenez, sought recovery for her loss of consortium. The couple are parents to six children.
Superior Court of Los Angeles County, Los Angeles, CA

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