This was the first personal injury bench trial in Los Angeles County since March 2020’s COVID-19 shut down..
Plaintiff Steeve Rojas was riding his motorcycle southbound along Coldwater Canyon towards the intersection of Coldwater Canyon Boulevard and Ventura Boulevard, where he planned to turn left. On-duty employee of Hajoca Corporation, defendant Kevin Henderson was also driving his motorcycle southbound on Coldwater Canyon. He was waiting for southbound traffic, so he could make a left onto Northbound Coldwater Canyon. As Mr. Rojas continued straight through the uncontrolled intersection of Valleyheart Drive & Coldwater Canyon, his bike was struck by the Dodge Ram driven by defendant Henderson who tried to turn left onto northbound Coldwater Canyon. Although the impact of the collision was severe, Mr. Rojas was initially able to control his motorcycle. However, he was soon overwhelmed by severe pain and had to leave his bike on the ground.After the collision, Mr. Rojas who sustained life-threatening injuries was taken by ambulance to Cedars-Sinai Medical Center. He suffered a right-foot open Chopart fracture , an open talus metatarsal bone fracture and a right-foot open Lisfranc fracture. He had multiple surgeries to save his lower right leg. Eight days later, he was transferred to Huntington Hospital and underwent an below-the-knee amputation of his right leg.
Case Details
- Case Name: Steeve Rojas, et al. v. Hajoca Corporation, et al.
- Court and case number:Los Angeles Superior Court/BC689703
- Judgment or Verdict Date:Wednesday February 10, 2021
- Date Action Filed:Wednesday January 10, 2018,
- Type of Action: Vehicles – Left Turn, Vehicles – Motorcycle
- Judge/Arbitrator(s),Hon. Stephen J. Czuleger
- Plaintiffs:Steeve Rojas (40 years old at the time of collision), Houseman at Peninsula HotelSandra Acevedo (38 years old at the time of collision), Former housekeeper, now housewife
- Defendants:Hajoca CorporationKevin A. Henderson is an employee of Hajoca Corporation
- Verdict:Bench Type of Result
Verdict and Settlement
- Award or Gross Verdict:$23.720.996
- Contributory/Comparative Negligence: None.
- Economic Damages$4,520,996
- Non-Economic Damages:Steeve Rojas: $18,000,000Sandra Acevedo: $1,000,000 (Loss to Consortium)
- Trial Time or Arbitration:9 Days.
Personal Injury Lawyers
- Attorney for the PlaintiffPanish Shea & Boyle LLP by Brian Panish and Tom Schultz, John Shallers, Matthew Stumpf, and James Trotter. Los Angeles.Banafshe Law Firm PC by P. Ryan Banafshe Los Angeles
- Advocate for the DefendantSegal McCambridge Singer & Mahaoney, LTD, Paul Motz Chicago, IL.Tyson & Mendes by Kara Pape & Mark Johnson, Los Angeles.
Expert Witnesses
- Plaintiff’s Medical Expert(s).P. Richard Emmanuel, M.D., orthopedic surgery, Los Angeles.Lawrence Miller, M.D., physiatrist, Santa Monica.Lester Zackler M.D., psychiatrist.Kevin Calvo, CPO, prosthetics, San Diego.
- The Medical Expert(s), Defendant:Kenneth Jung M.D. Orthopedic Surgery, Los AngelesThomas A. Hedge, M.D., physiatry, Northridge.Rick Riley, CP, FAAOP, prosthetics, Washoe Valley, NV.
- The Technical Experts of Plaintiff:Edward Fatzinger accident reconstruction, Torrance.John Brault, biomechanics, Mission Viejo.Nathan Rose, motorbike/human factors Englewood CORick Sarkisian Ph.D. Vocational rehabilitation, Fresno.Peter Formuzis, economics, Santa Ana.Jan Roughan, Life Care Planning.
- Technical Expert(s), Defendant:Beau LeBlanc, accident reconstruction, Torrance.Stephen Garets, Motorcycle Safety, Corvallis (OR).Steven Molina, Santa Ana, vocational rehabilitationJennie McNulty, economics, Los Angeles.Amy Sutton, life care planning.
Lawyers’ Closing Arguments
Plaintiff’s Contentions: Kevin Anthony Henderson, an employee of Hajoca Corporation, was the sole defendant in the collision. He negligently turned left in front Mr. Rojas, violating Mr. Rojas right-of-way, and broadsiding him with his company car. It is clear that Mr. Rojas wasn’t negligent. The collision was not preventable by any action Mr. Rojas could reasonably have taken. Due to his injuries, Mr. Rojas could not work and needed a lifetime of medical-psychiatric treatment.
Defendant’s Contentions: Hajoca Corporation, the defendant, agreed that its employee was negligent but claimed that Mr. Rojas was at fault for his speed and inattention. The collision could have been avoided if Mr. Rojas had taken the appropriate precautions. The loss of earnings claim of Mr. Rojas was also denied by the defendants. They claimed that Mr. Rojas could work, and they also dispute the severity of his injuries and the cost for future medical care.
Personal Injuries and Damages
- Plaintiff claims physical injuries Due to the above injuries, Mr. Rojas had his right leg amputated below the knee in December 2017. In October 2018, Mr. Rojas was back at work at the Peninsula Hotel doing the same job he did pre-incident. Except for a complication that occurred in December 2018, Mr. Rojas worked for the Peninsula Hotel for the next two years. He continued to do the same job, but with more difficulty, pain, and disability. This, according to the plaintiff meant it was necessary to provide support for his family.
Special Damages
- Special Damages Claimed Past Medical:$325,000
- Special Damages Claimed – Future Medical: $3,273,922
- Past Earnings Loss Claimed:$592,277 (Stipulated).
- Claimed Special Damages – Future Loss Earnings:$1,127,000.
Demands and offers
- Plaintiff SS998 Demand: By plaintiff Steeve Rojas: $14,500,000. By plaintiff Sandra Acevedo: $500,000.
- Defendant SS998 Offer: To plaintiff Steeve Rojas: $4,750,000. To plaintiff Sandra Acevedo: $250,000.
Additional Notes
This was the first personal injury trial held in person in Los Angeles County since March 2020’s COVID-19 shut down.
Judge Czuleger made the following statement when he ruled on the $18million pain and suffering award: “Note to belabor the evidence. Here plaintiff suffered a trauma injury which was compounded with multiple surgeries including a revision. This was a long and painful process that took a lot of effort. The trauma he suffered not only to his physical body, but also to his mental health. This situation is still ongoing and can be compensated”
