Case details
Tractor operator claimed crash caused need for future medical care
SUMMARY
$2000000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
back, brain, brain injury, fracture, neck, transverse process, traumatic brain injury, vertebra
FACTS
On March 25, 2019, plaintiff Olegario Becerra Garcia, 52, a machinist, was driving a John Deere tractor on the north shoulder of Seventh Standard Road, 1.4 miles east of the intersection with Zerker Road, in Shafter, when his tractor was rear-ended by a work truck operated by Aaron Robinson. Becerra Garcia claimed to his hip, back and head. Becerra Garcia sued Robinson and Robinson’s employer, A&B Trucking Services Inc. Becerra Garcia alleged that Robinson was negligent in the operation of his truck and that A&B Trucking Services was vicariously liable for Robinson’s actions. Becerra Garcia claimed he was proceeding lawfully at slow rate of speed on the roadway shoulder, as was commonly done in the vicinity of farming areas, when Robinson approached at a high rate of speed, which was estimated to be at approximated 60 mph. Becerra Garcia claimed that Robinson suddenly lost control of his truck, drifted onto the shoulder and violently rear-ended his tractor. Defense counsel denied that Robinson was liable for the crash, and disputed Becerra Garcia’s version of events., Becerra Garcia sustained a pelvic fracture, a sacral fracture, transverse process fractures to the lumbar spine and a mild traumatic brain injury. He was immediately taken to a hospital. Becerra Garcia eventually underwent open reduction and internal fixation surgery to the pelvis and percutaneous pinning to the sacrum. Becerra Garcia, a machinist since 2006, claimed that his made it hard for him to work. He also claimed that he will require additional medical care in the future. Defense counsel disputed the nature and extent of Becerra Garcia’s residual .
COURT
Superior Court of Kern County, Bakersfield, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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