Case details

Plaintiff claimed negligent left turn caused back injuries

SUMMARY

$2325000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, fusion, lumbar neck
FACTS
At around 8 a.m. on Sept. 27, 2014, plaintiff Jorge Esquivel, 38, a day laborer, was driving north on Sepulveda Boulevard, after leaving a Starbucks in Van Nuys. After passing the intersection with Erwin Street, the driver’s side of his vehicle was broadsided by a vehicle operated by Andy Alcaraz, who was making a left turn into an Enterprise Rent-a-Car parking lot, which was located just north of the intersection. Esquivel sustained to his back and neck. Esquivel sued Alcaraz; Alcaraz’s employer, Enterprise Rent-A-Car Company of Los Angeles, LLC; and EAN Holdings LLC, which does business as Enterprise Rent-a-Car. Esquivel alleged that Alcaraz was negligent in the operation of his vehicle and that Enterprise Rent-a-Car Company of Los Angeles and EAN Holdings were liable for Alcaraz’s actions. EAN Holdings was dismissed from the case prior to trial. Plaintiff’s counsel noted that Alcaraz’s boss was in a vehicle in front of Alcaraz’s vehicle and that Alcaraz was attempting to pull into the parking lot before his boss so that he could unlock the gate. Plaintiff’s counsel argued that Esquivel had no time to stop due to the left turn. Alcaraz admitted liability., Esquivel sustained a lumbar disc herniation and neck sprains. Since the air bags deployed, he had to exit the passenger side of his vehicle. He was then transported via ambulance to a hospital. Esquivel ultimately underwent a lumbar discectomy in September 2015 and a lumbar fusion on April 2016. Later, he had a spinal cord stimulator implanted for his pain. Esquivel claimed that he has pain and will have pain for the rest of his life. He also claimed that he is prevented from working, but he did not seek recovery for any lost earnings. In addition, Esquivel claimed that he can no longer participate in social activities, such as going to the movies, walking, and dancing. Thus, Esquivel sought recovery of $12 million in total damages, including $8 million to $9 million for his past and future pain and suffering, and the remaining amount for his medical expenses. Defense noted that Esquivel was charged approximately $750,000 in past medical costs, but Esquivel did not have insurance. Accordingly, Esquivel is entitled to the amount paid or a reasonable value. Thus, defense counsel argued that the reasonable value for Esquivel’s past medical costs was between $300,000 and $325,000. As for Esquivel’s past medical costs and past non-economic damages, defense counsel agreed that the amounts were reasonable and appropriate. However, defense counsel disputed the amount for Esquivel’s future non-economic damages, arguing that the alleged amount was not reasonable. Defense counsel contended that Esquivel sought recovery of future medical costs for surgery to address the adjacent level degeneration from the lumbar fusion and that Esquivel claimed that he required two surgeries in the future, at costs of $250,000 each. However, defense counsel argued that only one fusion was reasonable, in addition to chiropractic care and X-rays. The defense’s orthopedic surgery expert opined that Esquivel would only require one fusion surgery in the future. The expert also testified about past reasonable values and opined that the costs were inflated by surgery centers and surgeons. Thus, defense counsel suggested that the jury should only award Esquivel approximately $1.2 million.
COURT
Superior Court of Los Angeles County, Torrance, CA

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