Case details

Plaintiff claimed ongoing issues from crash-related injuries





Result type

Not present

back, head, lumbar disc niation, lumbar injury, pain, traumatic brain injury
In May 2014, plaintiff Emilio Hernandez, 34, a landscaper, was driving in San Bernardino when his vehicle was rear-ended by a tractor-trailer operated by Gurwinder Singh. Hernandez claimed to his head and back. Hernandez sued Singh and Singh’s employer, Boparai Transport Inc., which also owned the tractor-trailer. Hernandez alleged that Singh was negligent in the operation of the tractor-trailer and that Boparai Transport was vicariously liable for Singh’s actions while in the course and scope of his employment. Singh and Boparai Transport admitted liability for the collision., Hernandez claimed that he sustained a moderate traumatic brain injury and a lumbar disc herniation at the L5-S1 level. He was subsequently taken immediately to a hospital. He then began treatment with conservative therapy and epidural injections. Hernandez ultimately underwent a decompression surgery on his lumbar spine in August 2015. Hernandez was working as a landscaper at the time of the collision. However, he claimed he had to leave his place of employment and was forced to accept a lower-paying job due to his physical limitations. Thus, Hernandez sought recovery of past lost wages and future loss of earning capacity due to his physical limitations and cognitive disabilities. He also sought recovery of past and future medical costs, and recovery of damages for his past and future pain and suffering. Defense counsel acknowledged that Hernandez had sustained a lumbar injury and that all of Hernandez’s past medical treatment was reasonable and necessary. However, defense counsel argued that Hernandez’s lumbar injury had resolved and that Hernandez did not require future care. Counsel also disputed the nature and extent of Hernandez’s alleged brain injury and argued that the brain injury was mild, as opposed to moderate.
Superior Court of San Bernardino County, San Bernardino, CA

Recommended Experts


Get a FREE consultation for your case