On Aug. 2, 2011, plaintiff Sean Torres, 34, a former warehouse worker, was driving his vehicle on northbound Harbor Freeway, also known as Interstate 110, in Los Angeles. When Torres was approximately 50 feet north of 23rd Street, his vehicle was suddenly rear-ended by a truck operated by Justin Fawcett, who was in the course and scope of his employment with WSR Preservation Services Inc. Torres sustained to his back. Torres sued Fawcett and WSR Preservation Services Inc., which went out of business shortly after the collision. Torres alleged that Fawcett was negligent in the operation of the truck and that WSR Preservation Services was vicariously liable for Fawcett’s actions during the course and scope of his employment., Torres was transported by ambulance to California Hospital Medical Center, in Los Angeles, where he was diagnosed with a lumbar disc herniation. Soon thereafter, he underwent a series of epidural steroid injections and nerve root blocks. Torres then underwent two surgeries to treat the traumatic herniation of the L5-S1 disc, including a radical anterior discectomy and an anterior lumbar fusion, including the placement of plates and screws. Despite the two surgeries, Torres claimed he continues to suffer constant lumbar pain that radiates into his left buttock and foot, and is accompanied by diminished range of motion. He also claimed he suffers constant left leg and foot pain, which is accompanied by a left foot drop, diminished strength and range of motion, and balance difficulties. Torres was unemployed at the time of the accident. However, he claimed that his pain has caused him to be unable to return to work as a truck driver or laborer, positions he had held in the past. Thus, Torres sought recovery of approximately $360,000 for his medical treatment and between $441,000 and $1.1 million in lost earnings, with $441,000 being if he worked full-time in another job and $1.1 million being if he was only able to return to work part-time in another job. He also sought recovery of damages for his past and future pain and suffering.
