Bernabe Rosales vs. Kim Cordeta

Case Background

On April 7, 2022, Plaintiff Bernabe Rosales filed a personal injury lawsuit alleging auto negligence in the California Superior Court, Los Angeles County. The lawsuit was filed after he was hit by a car while riding her bicycle. Judges Ian C. Fusselman and Lynne M. Hobbs presided over this case [Case number: 22STCV11887]

Cause

Plaintiff Bernabe Rosales filed the lawsuit against Defendants Kim Cordeta and Marek Hudec, citing a motor vehicle accident as the cause. While riding his bicycle, Rosales was hit by a car driven by the Defendants. This action constituted an unlimited civil case, exceeding $25,000.

Damages

The Plaintiff faced significant losses, including wage loss from their inability to work, which strained their finances. They also experienced a loss of use of property, causing inconvenience in daily life. Additionally, substantial hospital and medical expenses arose from treatment for injuries. The plaintiff dealt with general damage, including emotional distress, and suffered property damage, requiring repairs or replacements. Lastly, they faced a loss of earning capacity due to their injuries, raising concerns about future income. Plaintiff sought compensatory damages.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Bernabe Rosales
    • Counsel for Plaintiff(s): Joshua R. Kohanbash | Maximilian Lee
  • Defendant(s): Kim Cordeta | Marek Hudec
    • Counsel for Defendant(s): Michael R. Parker | Robert Haney | Michael Sloan

Claims

Plaintiff claimed that he had sustained injuries due to the negligence of the Defendants in operating the motor vehicle.

Defense

The Defendants, Kim Cordeta and Marek Hudec responded to the complaint on their behalf. They denied all allegations and asserted that no conduct by them caused the Plaintiff any injury or damages. They argued that the Plaintiff and others acted negligently, which contributed to the incident, thus barring any recovery. Additionally, the Defendants claimed the complaint lacked sufficient factual basis and that the Plaintiff failed to file within the required time under California law.

They contended that any negligence by them was not a substantial factor in the Plaintiff’s injuries, which were instead caused by the actions of others. Furthermore, if the Plaintiff sustained any damages, those were caused by other parties, necessitating apportionment of fault. The Defendants also stated that any right to recovery should be limited to their percentage of fault and that the Plaintiff failed to mitigate damages.

They highlighted the Plaintiff’s lack of standing to bring the action and argued that the Plaintiff’s claims were barred due to their failure to comply with insurance requirements.

Jury Verdict

On August 21, 2024, the Los Angeles jury found that Mark Hudec had been negligent and such negligence had caused substantial harm to the Plaintiff. However, the jury also found that Plaintiff had been negligent in riding his bicycle. The jury assigned 80% of the responsibility for the harm caused to MArk Hudec and 20% to the Plaintiff.  The jury awarded the following damages:

  • Past medical expenses: $115,354.38
  • Past general damages: $100,000
  • Future general damages: $130,000

The total came up to 345,354.38. 

On September 03, 2024, Honorable Ian Fusselman passed a final judgment consistent with the verdict, stating Plaintiff Bernabe Rosales was entitled to compensatory damages for $276,283.50 from Defendant Marek Hudec, with Defendant Kim Cordeta jointly and severally liable for $15,000 of that amount under Vehicle Code section 17151.

Court Documents:

Available upon request