This case stems from a rear end motor vehicle collision, negligence case. It occurred on northbound Interstate 5 November 21, 2016. The defendant driver, who was working for defendant Premiere Raspberries, LLC, known as Dutra Farms, drove a company truck and rear-ended the vehicle in the plaintiff’s passenger seat. This caused her vehicle to be propelled into hers. Plaintiff suffered injuries from the accident. Although defendants admitted to liability, they disputed the nature, extent and cause of plaintiffs’ injuries.
Verdict
- Award or Gross Verdict: $6,678,026
- Award or Verdict: $6,678,026
- Settlement Amount: Confidential amount after verdict.
- Contributory/Comparative Negligence: None.
- Economic DamagesPast medical: $313.904 Future medical: $649 122
- Non-Economic Damages:Past: $940,000 Future: $4,775,000
- Arbitration or Trial Time:10 Days
- Jury Deliberation:3 and 1/2 hours
Case Details
- Case Title:Kerry Bosch, LLC, DBA Dutra Farms, Rafael Gomez Quio, and Does 1 through 25
- Court and case number:Stanislaus County Superior Court/CV18003751
- Date Of Verdict or Judgment :Wednesday April 27, 2022
- Date Action Filed:Monday November 05th, 2018.
- Judge/Arbitrator(s), Hon. Sonny Sandhu
- Plaintiffs:Kerry Bosch
- Defendants:Premiere Raspberries, LLCDBA Dutra FarmsRafael Gomez Quio
- Type:Jury Verdict
Personal Injury Lawyers
- Attorney for the Plaintiff Demas Law Group P.C. Sacramento, John N. DemasFolsom, The Law Office of Black & DePaoli by Kelsey DePaoli
- Advocate for the Defendant Law Office of Schneider, Holtz & Hutchinson, Gayle Kono, Sacramento.
Expert Witnesses
- Experts in Medical Care for Plaintiffs:
- Plaintiff’s Medical Expert(s).Van Buren Lemons M.D., neurosurgery.April Stallings Rn, BSN, LNC, CNLCP life care planning.
- The Medical Expert(s), Defendant:Ehsan Tabaraee M.D. Orthopedic surgery.
Facts and Background
- Plaintiff’s Contentions: All injuries, including the need for low back fusion surgery, were caused by the crash.
- Defendant’s Contentions: Although defendants admitted to liability, they disputed the nature, extent and cause of plaintiff’s injuries.The plaintiff didn’t need fusion surgery, and her low-back injury wasn’t caused by the crash.
Personal Injuries and Damages
- Plaintiff claims physical injuries Plaintiff suffered injuries to her neck, mid back, and low back. Other than her low back injury, all her injuries were resolved in a matter of months.Plaintiff was transported by ambulance to the ER from the accident site and discharged with medication. There was no imaging. Two weeks later, she saw her primary care doctor and started a course in chiropractic and physical therapy. Six months after the crash, she was discharged from PT with 0/10 pain.Plaintiff was treated by a different chiropractor. She had a MRI of her lower back done, then saw two pain management physicians. Finally, she received one epidural injection, as well as an SI injection, but no relief. One year after the crash, she saw a spine surgeon. At that time, she was experiencing only 2/10 pain. She experienced radiculopathy-like pains, but her pain was mainly low-back and localized. Two years later, she underwent L5-S1 Fusion surgery. Her pain was significantly reduced after the surgery.
- Plaintiff claimed that she also suffered SI injuries in the crash, even though her SI injection didn’t relieve her buttock pain.
Special Damages
- Special Damages Claimed – Past Medical: $313,904
- Special Damages Claimed – Future Medical: $649,122
- Claimed Special Damages – Past Earnings:None.
