Tractor-trailer struck plaintiff's car stalled on highway
ORANGE COUNTY
MOTOR VEHICLE
Rear-ended -- Tractor-Trailer -- Negligence
Tractor-trailer struck plaintiff's car stalled on highway
SETTLEMENT $1,750,000
CASE Shunichi Nakamura vs Ricardo Aguirre,Martir Estrada & William Espinosa,No. 05CC05448
COURT Superior Court of Orange County,Westminster, CA
JUDGE James D. Cesare
DATE 8/8/2006
PLAINTIFF
ATTORNEY(S) R. Shawn Nelson, Rizio, Nelson & McGuire, Santa Ana, CA
Gregory G. Rizio, Rizio, Nelson & McGuire, Santa Ana, CA
DEFENSE
ATTORNEY(S) James T. Biesty, Biesty,Garretty & Wagner, Los Angeles, CA
FACTS & ALLEGATIONS
On Oct. 27, 2004, at about midnight, plaintiff Shunichi Nakamora, 21, a male Japanese national, was driving his sedan in the number three lane of southbound Interstate 405. It was raining very heavily and the roads were slick and wet. Nakamora's vehicle stalled in the lane and he called 911 for assistance. 911 dispatched a tow truck to the scene.
Meanwhile, Ricardo Aguirre was driving a truck in the number three lane pulling a 48-foot long trailer, hauling a load from Los Angeles to San Diego. Aguirre slammed into the rear of Nakamora's vehicle. Nakamora's vehicle was thrown into the median divider and eventually came to rest with the rear impacting the divider and the front of his vehicle facing traffic. Nakamora sued Aguirre for negligent operation of a motor vehicle and the truck and trailer's owners, Martir Estrada and William Espinosa for vicarious liability. Aguirre testified in his deposition that he saw only Nakamora's vehicle seconds before impact and it wasn't moving.
The defence contended that Nakamora did not have his lights on, or emergency flasher lights on, making Nakamora's vehicle impossible to see. Plaintiff's counsel countered that Nakamora's lights were on. His accident reconstructionist, Paul Guthorn ,performed testing on the lights recovered from the vehicle and confirmed they were on at the time of the collision.
INJURIES/DAMAGES anxiety; convergence insufficiency; cranial nerve palsy; diplopia; eye; neuropsychological deficits
Nakamura was rushed to the UCI Medical Center where he remained in a coma for several days. He slowly regained consciousness and recovered. On Nov. 28, he was admitted directly to a hospital in Japan for further
treatment, and later a rehabilitation facility where he remained until approximately March 2005.
Nakamura suffered a fracture of the left orbital Medial wall; sheer/diffuse axonal brain injury; diplopia; cranial nerve palsy; convergence insufficiency, olfactory and taste dysfunction, central hearing loss; severe cerebellar atrophy; bilateral hippocampal atrophy; mood, anxiety, amnesia and psychotic disorders. A majority of Nakamora's treatment has been in Japan, however, due to laws restricting the release of records, plaintiff's counsel was forced to hire numerous experts' throughout the western United States to evaluate Nakamora's injuries. Nakamora continues to live in Japan under the supervision of his father. He had hoped to pursue a career in cosmetology or the culinary arts, however his severe permanent diplopia (double vision) makes it difficult for him to work in most fields. He is unable to read or work on a computer for any extended period of time, he is not able to drive and often drops things or trips and falls. He currently works as a dishwasher in a Japanese restaurant. Nakamora's injury has significantly impaired his social skills and behaviour, according to his counsel. He often says inappropriate things, or acts in sociailly inappropriate ways, and, other than his family, he remembers very little about his past friendships and relationships. His physicians believe that with further treatment, Nakamora may develop better ways of managing his deficiencies, but his injuries are permanent and not expected to improve. He will likely always require some kind of daily, routine monitoring.
RESULT
The case was settled during mediation for $1,750,000. Of the settlement, $1 million was paid by Estrada's insurance, Sutter Insurance Company, his policy limit. $750,000 was paid by Espinosa's insurance, also Sutter Insurance Company, which totaled the policy's limit.
INSURER(S) Sutter Insurance Company
PLAINTIFF EXPERTS
Paul S. Guthorn, accident reconstruction, Long Beach, CA
James Loong, PhD, neuropsychology, Salt Lake City, UT
David L. McPherson, audiology, (audiologist)
Kenneth L. Nudleman, neurology, Santa Ana, CA
Peter A. Quiros, refractive eye surgery,
Toshiaki Udo, psychology/counselling,Pasadena, CA
Samuel Whitaker, M.D., neurology,Long Beach, CA
Bozena Barbara Wrobel, otolaryngology,Los Angeles, CA (rhinology consultation)
DEFENSE EXPERTS
David J.King, P.E., accident reconstruction, Lake Forest, CA
Martin Levine, M.D., neurology,Encino, CA
