Case details

Plaintiff claimed crash caused shoulder and elbow injuries

SUMMARY

$275000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
left elbow, left shoulder
FACTS
On Jan. 2, 2013, plaintiff Pedro Roman, 47, a house painter, was driving on the Antioch Bridge, in Contra Costa County, when he stopped to pay a toll. While he was stopped, a truck operated by Surinder Johal rear-ended Roman’s motor vehicle. Roman claimed of his left elbow and left shoulder. Roman sued Johal; Johal’s employer, Bhin Trucking LLC; and the owner of Bhin Trucking LLC, Jarnail Singh. Roman alleged that Johal was negligent in the operation of the truck and that Bhin Trucking and Singh were vicariously liable for Johal’s actions. The defendants ultimately accepted liability for the incident., Roman sustained a torn ulnar nerve in the left, non-dominant elbow and a torn rotator cuff in the left, non-dominant shoulder. He subsequently went to a hospital on the day after the incident without the assistance of an ambulance. He then immediately began conservative treatment with physical therapy three times per week from January 2013 to July 2014. Roman also underwent chiropractic treatment two times per week from January 2013 to June 2013. In addition, he received cortisone injections to the elbow and shoulder in 2013. However, Roman ultimately underwent surgery to repair the torn rotator cuff in the left shoulder on Dec. 26, 2013. Roman claimed that despite undergoing surgery and other treatment, his shoulder pain has been persistent and that he anticipates that the pain will remain in the future. He claimed that as a result, he was unable to continue his employment as a house painter and that he has remained on opiate painkillers, which he claimed leave him in a sedated state of mind. He further claimed that his have affected his entire mental and emotional state. Roman’s wife and children report that Roman has undergone a personality change since the collision, claiming that Roman was once happy and playful, but is now irritable. Thus, Roman sought recovery of medical expenses, lost wages, and damages for his past and future pain and suffering. Defense counsel argued that Roman’s had fully resolved and that Roman would not suffer from any future damages.
COURT
Superior Court of Contra Costa County, Contra Costa, CA

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