Del Rio & Caraway, P.C. is proud to announce that our attorneys have secured a $1,546,984.72 jury award for a pedestrian accident client who was struck while crossing the road in Turlock, California, on September 20, 2019. In the case led by Attorney-Partner Chuck Caraway, Attorney Matthew Engebretson, and Attorney Conor Zanze, significant hurdles needed to be overcome to achieve this remarkable case result, including controversial judge’s decisions, a defense that was adamant about owing the injured plaintiff $0, and more. This case was hard-fought, but securing a fair financial recovery for an injured client always makes every moment and challenge worth it.
Details of the Turlock Pedestrian Accident Case
Our client, Benjamin Lopez, was crossing the Lander Avenue/Linwood Avenue intersection in Turlock at around 7:47 PM on September 20, 2019. After he had been granted the “walk” indicator and while he was in the crosswalk, Karen Johnson turned left into the intersection and struck him; she was a Community Services Officer and had been driving a vehicle owned by the City of Turlock.
The collision sent Lopez to the ground. He suffered serious injuries to the left side of his body, including his left shoulder. Medical experts determined that he needed arthroscopic shoulder surgery due to the injury caused by the collision. Amir Jamili, M.D., who our attorneys called to act as an expert witness in the lawsuit, also concluded that he would need total shoulder replacement in the future due to the severity of the injury.
Defense Denials & Courtroom Complications
It’s not unusual for a defendant in a personal injury case to look for “creative” ways to contest liability, but it isn’t every day that a defendant tries to deny that the accident and injuries in question existed at all. Yet that’s what happened in this pedestrian accident case. Defendant Johnson and her legal counsel tried to argue that she was not driving the vehicle that hit Lopez, that he was not in the crosswalk, and that he was not injured at all, despite the medical evidence of his shoulder injury.
Perhaps for thoroughness, the defendant also argued that Lopez was wearing all black and jumped in front of Johnson’s vehicle, so he was contributorily negligent for the accident and should be awarded $0. Arguing that he was not hit by Johnson’s vehicle but also claiming that he intentionally allowed himself to be hit by it seems as contradictory as it is confusing. Furthermore, at one point in the trial, the defense admitted that he had the “walk” signal, which contradicted its argument that he was not in the crosswalk.
Our attorneys of Del Rio & Caraway, P.C. also hit some rocky patches in the trial due to what could be called “controversial” decisions by Judge Stacy Speiller. For example, the defense decided to represent the police officer who took the investigative report of the accident. This decision occurred only a few hours after receiving a notification that we would be calling the officer the next day. To this end, the defense counsel represented the defendant and the officer. Our legal team drafted a motion to disqualify the defense for this unallowed form of dual representation, but it was unexpectedly rejected by Judge Speiller with nearly no allowance for discussion.
Expert Witnesses Clash
Undeterred by the unusual defense tactics and judicial decisions, Attorneys Caraway, Engebretson, and Zanze pressed on for Lopez.
We called on four expert witnesses to support our client’s case, including:
- Amir Jamali, M.D.: A medical doctor who examined Lopez’s medical files and determined what care he would likely need in the future.
- Laurence Neuman, P.E.: A professional engineer and accident reconstruction expert who analyzed the details of the crash to piece together the series of events.
- Holly Alman, DNP: A doctor of nursing practice who determined what sort of future medical specials and lifecare plan would be appropriate for Lopez.
- Jason Fries: An animator who used information from Neuman to clearly showcase how the accident occurred.
The defendants brought their own expert witnesses to counter our own, including an orthopedic surgeon, lifecare planner, and accident reconstruction expert. Each tried to convince the jury of their opinion of the pedestrian accident, such as stating that our client’s injuries didn’t need much more future treatment and that the crash could have occurred in one or several different ways.
A Legal Battle, A Major Victory
At Del Rio & Caraway, P.C., we do what we do because we believe in the importance of making sure the truth shines through. We are thrilled to say that despite everything the defense threw at the case, the jury only needed about 90 minutes to deliberate before returning with a result in our client’s favor.
The jury granted that the defense owed the plaintiff for:
- All future medical specials/costs ($200,194.00)
- Past pain and suffering ($524,430.72)
- Future pain and suffering ($822,360.00)
With all the damages considered, the jury granted our client a total of $1,546.984.72 for the harm caused by the mistakes of the defendant. This outcome is monumental, especially compared to the $0 that the defense said Lopez deserved, as well the $3,000 that he might be owed for his pain and suffering if the jury was “feeling generous.”
From all of us at Del Rio & Caraway, P.C., we want to again congratulate Attorney Caraway, Attorney Engebretson, and Attorney Zanze for this significant victory in a hard-fought trial for a client in need.
If you would like to know more about our work as personal injury attorneys and trial lawyers serving people throughout California, please browse our case results. If you need our help with a personal injury claim, you can contact us online or call (916) 229-6755 to request a FREE case consultation. Thank you.