$406,000 Jury Verdict in Santa Clara County
On February 13, 2019 a Santa Clara County Jury returned a verdict for Arlette B., a resident of Salinas in Monterey County. She was rear-ended on Highway 101 southbound by the defendant Lorico Trucking Company. Ms. B was taken via ambulance to the emergency room and then followed up with a chiropractor and eventually received 3 sets of injections into her cervical spine to address painful cervical discs as well as facet joints. She had $150,000 in medical expenses and $1,700 in wage loss as she continued to work following the injury.
Defendant Lorico Trucking Company argued Ms. Barron’s injuries and symptoms were exactly the same as the symptoms she treated for just months before the collision and that she was already suffering from these exact symptoms. Defendant called several witnesses including Dr. Michael Cluck who testified that Ms. B suffered a minor aggravation of a pre-existing condition and that the medical treatment she received was below the standard of care. Dr. Chrissy Farris of San Jose was also called by the defense to make essentially the same argument. A so called “billing expert”, Henry Lubow, from Los Angeles was also called by the defense. This professional witness works 100% for the defense and makes a living testifying that medical billings are excessive and the jury should not award the amount the injured victim has incurred. The jury essentially rejected all of these defense witnesses and awarded $406,000 in damages to Plaintiff Arlette B.
Pre Trial Offer: $125,000
Plaintiff’s 998 Demand: $200,000
Plaintiff beat her Pre-Trial 998 Offer to resolve the case for $200,000. As a result, Defendant will be paying closer to $600,000 once costs and interest are added to the jury verdict.
- Defense Counsel: Matthew Jaime of Matheny, Sears, Linkert & Jaime
- Defense Witnesses: Michael Cluck, M.D. (Orthopedic Spine Surgery – San Jose)
- Chrissy Ferris, M.D. (Orthopedic Surgery – San Jose)
- Arthur Dublin, M.D. (Neuroradiology – Sacramento)
- Henry Lubow, M.D. (Medical Billing – Los Angeles)
About the Attorney
At Dreyer Babich Buccola Wood Campora, we strive to provide you the highest quality legal representation for your injury or loss of a loved one. Our passion is helping people, and our focus is always on the client. We are committed to getting you not only a fair result or a just result, but the best result we can for your own individual situation. That’s because we treat you as an individual and tailor the way we build your case around your unique circumstances.
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