$579,500 Verdict for Man Whose Vehicle Was Side-Swiped by a City of Long Beach Trash Truck

Case Background

On September 17, 2019, Jose Davila filed a personal injury lawsuit arising from a motor vehicle accident caused due to the negligence of a City of Long Beach employee. The case was filed in the California Superior Court, Los Angeles County. Judges Andrea C. Thompson and Steven A. Ellis presided over this case. [Case number: 19STCV32985]

Cause

On January 9, 2019, at about 9:44 a.m., Jose Davila, a 42-year-old unemployed man, was involved in a low-speed side-swipe collision in Long Beach. During this incident, Craig A. Williams, an employee of the City of Long Beach, drove a trash truck while on duty. He inadvertently entered Davila’s lane and struck the side of his vehicle.

Injuries

Due to the accident, Jose Davila claimed that he sustained lower-back injuries, including radiculopathy.

Damages

As a result of Williams’ negligence, Davila suffered property damage to his car totaling $7,500. Davila sought compensatory damages according to proof. He also claimed hospital expenses, medical bills, wage loss, loss of earning capacity, and loss of use of property.

Key Arguments and Proceedings

Legal Representation

• Plaintiff(s): Jose H. Davila
  • Counsel for Plaintiff(s): Simon Esfandi
  • Experts for Plaintiff(s): Alen A. Nourian, M.D.  

• Defendant(s): City of Long Beach | Craig A. Williams
  • Counsel for Defendant(s): Michael A. Swift | Jennifer Moon
  • Experts for Defendant(s): Amandeep Bhalla, M.D. | Jesse L. Wobrock, Ph.D.

Claims

The Plaintiff asserted that the Defendant City of Long Beach was entirely at fault for the collision. He claimed that the accident resulted in low-back injuries. Additionally, he argued that his medical care over five years was reasonable and necessary. This care included conservative treatments, pain management injections, and a low-back procedure. The Plaintiff maintained that all these treatments were directly linked to the collision.

Defense

The Defendant City of Long Beach argued that it was only partially responsible for the collision. It claimed that a third-party driver had some fault for the incident by entering the path of the City’s trash truck. This action forced the trash truck to change lanes.

Moreover, the Defendant contended that the Plaintiff only experienced a muscle sprain or strain. They asserted that this condition should have been resolved within three months. Additionally, Defendant stated that the forces involved, estimated at 0.1-2 mph delta v, were insufficient to cause Plaintiff’s reported injuries.

Defendant also pointed out a nearly two-year gap in Plaintiff’s treatment before his low-back procedure. They argued that this gap indicated he was not in pain and that his treatment was unrelated to the collision. Furthermore, the Defendant claimed that the Plaintiff suffered from degenerative disc disease, which contributed to his condition.

Lastly, Defendant asserted that Plaintiff’s outstanding medical bills related to his treatment were inflated due to a lien.

Expert Testimony

The Plaintiff’s medical expert on orthopedic surgery was Alen A. Nourian. On the other hand, the Defendants retained Amandeep Bhalla as their orthopedic surgery expert witness and Jesse L. Wobrock as their accident reconstruction and biomechanics expert witness.

Jury Verdict

On July 15, 2024, a twelve-member California jury deliberated and returned a $579,500 verdict in favor of Jose Davila. The jury found that the City of Long Beach’s employee’s negligence was a substantial factor in causing Davila’s damages and injuries.

Court Documents:

Available upon request