Case details

Plaintiff claimed reversing vehicle struck him





Result type

Not present

neurological, radicular pain, radiculitis, torn shoulder, triangular fibrocartilage complex, wrist
At around 9:45 a.m. on Oct. 10, 2013, plaintiff Hernan Osorio, 58, a driver for Golden Gate of Orlando, which contracts with automobile rental companies to transport vehicles from lot to lot, was walking across a parking lot at Enterprise Rent a Car, located near Los Angeles International Airport, when he was allegedly struck by a reversing vehicle operated by Wesley Williams. Osorio claimed to his head, neck, shoulders, arms, legs, and upper and lower back. Osorio sued Williams and Williams’ employer, Allegis Group Inc. Aerotek Aviation, LLC, a subsidiary of Allegis Group, was later added as a defendant. Osorio alleged that Williams was negligent in the operation of his vehicle and that Allegis Group and Aerotek Aviation were vicariously liable as Williams’ actions while in the course and scope of his employment. During pre-litigation, the defendants’ insurance carrier indicated that Allegis Group’s policy was providing coverage. However, during litigation, plaintiff’s counsel discovered that Aerotek Aviation was the specific employer of Williams, and the defendants stipulated that Williams was within the scope of his employment with Aerotek Aviation at the time of the accident. Thus, the parties stipulated to dismissing Allegis Group and adding Aerotek Aviation, which was covered by Allegis’ policy. At trial, Osorio claimed that Williams was negligent by driving his vehicle in reverse without first looking back. Williams claimed he barely moved his vehicle, and he denied hitting Osorio. He also claimed that Osorio’s employer was at fault for the negligent training and supervision of Osorio and that another individual at the premises who directed him to back up his vehicle was comparatively at fault., Osorio claimed that he suffered soft tissue to his body, including his head, neck, shoulders, arms, legs, and his upper and lower back. He also claimed he suffered an aggravation to a pre-existing tear to the left wrist’s triangular fibrocartilage complex, a cartilage structure located on the small finger side of the wrist. Osorio testified that when he saw the vehicle come towards him, he put his arms out and was hit. He believed that his hands hit the rear window of Williams’ Ford Expedition sport utility vehicle, which caused his body to twist and his buttocks to land on the high bumper. He also claimed that he hit his head on the rear window, but did not fall to the ground. After the alleged incident, Osorio was taken back to his employer’s office, where one of his supervisors asked another co-worker to take Osorio to an emergency room. Osorio later underwent chiropractic treatment and physical therapy. He was also treated by a wrist specialist and neurologist. Despite treatment, Osorio continued to complain of radiating pain throughout his legs and feet. He claimed that as a result, he was not able to return to work. Thus, Osorio sought recovery of $15,700 in future medical costs for surgery on his left wrist surgery, $86,000 in for approximately four years of past lost earnings, and $51,000 in future lost earnings. He also sought recovery of noneconomic damages for his past and future pain and suffering. The defense’s wrist expert, a hand surgeon, opined that it was within a reasonable degree of medical certainty that Osorio’s pre-existing triangular fibrocartilage complex injury became symptomatic as a result of the subject accident. The defense’s orthopedic surgery expert opined that it was within a reasonable degree of medical certainty that Osorio sustained soft tissue as a result of the subject accident.
Superior Court of Los Angeles County, Compton, CA

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