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Joseph J. Babich Verdicts and Settlements

Drunk Driver Held Accountable

February 2015 – Sacramento County – $2,474,854.94

DBBWC High Profile Case Summary After two years of litigation the defendant, AMCO and Truck Insurance Exchange agreed to meet our demand and pay $2,474,854.94 to settle Brynne Arakelians personal injury case arising out of a horrific single car crash that occurred on Old Auburn Road in Placer County.

Rear-End Collision Causes Facet Joint Injury

June 2015 – Yolo County – $231,879.85

Facet Joint InjectionOn Sept. 14, 2011, Steven Capaul was on his way to work on Highway 50 when he was rear-ended by Lisa Sommer. From the outset defendant Sommer began defending her case by trying to portray it as a minor impact, no injury accident.

Pease v. Enterprise Rent-A-Car and Big O Tires

(15 Passenger Van Rollover resulting in peroneal nerve injury and multiple knee surgeries)

Verdict: $1,860,000

Lead singer and guitarist of the Sacramento band Bucho was severely injured while traveling home from a performance at the House of Blues in Las Vegas. The 44-year-old Gerald Pease had rented a 15 passenger van from Enterprise Rent-A-Car of Sacramento to transport both the band members and their gear to the performance in Vegas. Shortly before the rental, Big O Tires had serviced the van and supposedly inspected the tires. On the trip back, the tread separated on the left rear tire causing the van to lose control and roll. Gerald Pease sustained severe damage to his left leg resulting in a permanent foot drop, neuropathic pain, and damaging multiple ligaments in his left knee. After a failed sural nerve transplant and three surgeries to his knee, Mr. Pease continues to suffer from his injuries. The jury found that both Enterprise and Big O Tires were negligent. Further, the jury found that Enterprise had breached its warranty to Mr. Pease by failing to provide him a van that was fit for the ordinary uses.

Congdon v. Papa John’s Pizza

(Car-pedestrian accident resulting in Traumatic Brain Injury (TBI))
Verdict: $546,000

The 37-year-old plaintiff was injured when she was struck by a delivery vehicle while crossing the street in a crosswalk. Upon impact Plaintiff was knocked to the ground and struck her head resulting in a Traumatic Brain Injury (TBI).

Demian v. Ford Motor Co. &Enterprise Rent-A-Car

(15 Passenger Van Rollover resulting in multiple wrongful deaths and catastrophic injuries)
Settlement: An undisclosed amount

This case involved a church group that rented a Ford 15 passenger van from Enterprise Rent-A-Car for a retreat. Fourteen young adults were traveling in the van when it rolled over killing five of them and severely injuring nine others. After lengthy negotiations, Ford settled for an undisclosed amount. After seven weeks of trial, the remainder of the case settled with Enterprise Rent-A-Car for another undisclosed amount.

Koll v. Wal-Mart

(Falling merchandise resulting in neck and shoulder surgery)
Settlement: $500,000

The 46-year-old plaintiff was injured when improperly stacked boxes of books fell and struck her head, neck and shoulder. Due to ongoing neck and shoulder symptoms, Plaintiff underwent a cervical fusion and shoulder arthroscopy.

Escobar v. Mike Lowery Transport

(Construction/trucking accident resulting in a wrongful death)
Verdict: $5,038,216.71

Irrigation district employee Craig Escobar was killed when a tractor-trailer ran over him while he was standing outside his own truck at an asphalt yard. Mr. Escobar was survived by a wife and three sons. The jury found the truck driver and the asphalt yard responsible for the accident.

Trask v. James E. Simon

(Construction/trucking accident resulting in a wrongful death)
Settlement: $5,000,000

This case arose out of the death of a 49-year-old construction superintendent. The accident occurred on a construction site in Indian Wells when a cement truck driver attempted to backup over 400 feet without a spotter. It was during this long backup that decedent was run over and killed. He was survived by his wife and seven children.

Hickey v. Anderson Martella

(Construction accident resulting in renal failure and traumatic brain injury)
Settlement: $691,000

The 53-year-old plaintiff was injured on a construction site when two improperly erected steel uprights weighing over 1,000 pounds collapsed on top of him. Plaintiff sustained severe injuries including an acute renal failure and a traumatic brain injury. The case settled one month before trial.

Parisi v. Sacramento Regional Transit

(Bus-bicycle accident)
Settlement: $415,000

A 48-year-old bicyclist was injured when a bus pulled away from a bus stop causing her to fall and be run over by its right rear tire. Injuries involved right elbow dislocation and radial head fracture.

Fromm v. Knights Transportation

(Trucking accident resulting in a knee injury and a complex ankle fracture)
Settlement: $200,000

Husband and wife plaintiffs suffered knee and ankle injuries requiring surgery when a tractor trailer collided with their vehicle while making a right turn.

Reed v. McCarley

(Dog bite resulting in the facial scarring of a 1-year-old girl)
Settlement: $90,000

The 1-year-old plaintiff was injured when a Golden Retriever bit her on her face. As a result of this incident, plaintiff was scarred along her upper lip and left cheek. The case was settled at mediation for $90,000.

Aguilar v. Brannan’s

(Liability for serving alcohol to an obviously intoxicated minor resulting in severe traumatic brain injury)
Settlement: $1,015,000, policy limits

This accident occurred after a nightclub served alcohol to an obviously intoxicated minor who then drove her vehicle into a street lamp injuring her passenger, the 20-year-old plaintiff. The injury involved a severe traumatic brain injury and the case settled for policy limits.

Lucas v. Timmerman Starlite Trucking

(Trucking accident resulting in severe close head injury and traumatic brain injury)
Settlement: $1,600,000

The 38-year-old plaintiff was injured when a tractor trailer crossed the center line and collided head-on with his pickup truck. Plaintiff sustained a severe closed head injury with left third nerve palsy and a cognitive disorder that prevented him from working.

Hainze v. Area Transit

(Bus-bicycle accident resulting in clavicle fracture)
Settlement: $500,000

A 48-year-old cyclist was injured while training in South Lake Tahoe when a trolley swerved into his lane causing him to fracture his clavicle. The injury required surgery and resulted in Plaintiff losing his job as a fire fighter.

Allen v. Pathways to Health

(Premises liability resulting in severe burn injuries and wrongful death)
Settlement: $450,000

This case arose out of the death of the 82-year-old plaintiff. This accident occurred when a steam room malfunctioned resulting in excessive heat and a backup of scalding water in the room combined with the massage facility’s failure to properly supervise or check in on its clients. Plaintiff was found unconscious with third degree burns over 15 percent of his body, which eventually caused his death.

Tann v. Mr. B’s Trucking

(Trucking-motorcycle accident resulting in right wrist fracture with surgery)
Settlement: $450,000

The 46-year-old plaintiff was injured when a tractor-trailer collided with his motorcycle causing him to loose control and collide with a cement divider. He sustained a right wrist fracture resulting in a surgery.

Harris v. Camping Unlimited for Retarded Children, Inc.

(Wrongful of mentally disabled by drowning)
Verdict: $512,824.77

This case arose out of the death of the 20-year-old mentally disabled man. The accident occurred when, contrary to defendant’s policies, decedent was left without a lifejacket and beyond the reach of an instructor while he was swimming in the camp pool. Decedent was survived by his parents.

Dutcher v. Fairall

(Motor vehicle accident resulting in severe traumatic brain injury)
Settlement: $1,100,000, policy limits.

The 20-year-old plaintiff was injured when defendant ran a red light causing a major side impact with plaintiff’s car. As a result of this accident, plaintiff suffered a severe traumatic brain injury and was permanently disabled. Case settled for policy limits.