Carlos Chanchavac Tojin vs. Best Buy Stores, L.P., et al.

Case Background

Carlos Chanchavac Tojin filed an auto negligence lawsuit after he was hit by a car while riding his bike. The bicycle-car collision case was filed in the California Superior Court, Los Angeles County. Judge Michael I. Levanas presided over this case. [Case number: 20STCV00992]

Cause

On or about March 30, 2019, a collision occurred between a bicyclist and a motor vehicle near Pico Boulevard and Berendo Street in Los Angeles, California (the “incident”). At all relevant times, Defendant Scott Stuart Crichton was acting within the scope of his employment with Defendants Best Buy Stores, LP, Geek Squad, and Does 1-10.

At the time of the incident, Plaintiff Carlos Chanchavac Tojin was riding his bicycle eastbound on Pico Boulevard. As he approached the intersection with Berendo Street, he stopped at the crosswalk, checked traffic, and proceeded when it was safe. He continued riding on the pavement, not the sidewalk.

Defendant Crichton, driving a vehicle westbound on Pico Boulevard, was attempting a left turn onto Berendo Street. During this turn, Crichton collided with Plaintiff’s bicycle, throwing Plaintiff several feet into the air before he landed on the pavement. The impact caused Plaintiff serious injuries and damages.

Injury

Plaintiff suffered harm to his health, strength, and physical condition. The injuries affected his body, nervous system, and overall well-being and caused Plaintiff significant mental, physical, and emotional distress, leading to ongoing pain and suffering. Plaintiff alleged that his injuries would continue to affect him in the future. As a result, he sought compensation for the damages.

Damages

As a direct and foreseeable result of the Defendants’ actions, Plaintiff needed to hire physicians, surgeons, and other healthcare providers. These professionals examined, treated, and cared for Plaintiff, leading to medical, therapeutic, and related expenses, the amount of which will be proven. Plaintiff believed and alleged that he would continue to incur medical, therapeutic, and related expenses in the future.

Additionally, as a direct and foreseeable result of the Defendants’ conduct, Plaintiff had to miss time from his work. This caused a loss of earnings. He allegedly would continue to lose time from his occupation in the future, further impairing his earning capacity.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Carlos Chanchavac Tojin
    • Counsel for Plaintiff(s): Brian D. Witzer | Arian Barkhordar
  • Defendant(s): Scott Stuart Crichton
    • Counsel for Defendant(s): R. Derek Classen | Steven M. Maslauski

Claims

Plaintiff filed the first cause of action for negligence. It was alleged that Defendant Crichton was inattentive, negligent, and reckless while operating the vehicle. Plaintiff claimed that Crichton’s actions were the sole cause of the accident.

At the time of the collision, and at all relevant times before, Defendants Crichton, Best Buy, Geek Squad, Wheels LT, and Does 1 through 25 were responsible for the negligent operation, ownership, leasing, management, maintenance, and control of the vehicle involved. This negligence directly caused the collision, resulting in Plaintiff’s injuries and damages.

Jury Verdict

On October 21, 2024, a twelve-member jury determined that Crichton’s negligence was a significant factor in causing harm to Plaintiff. The jury awarded the following damages:

  • Past economic loss (medical expenses): $354,801.00
  • Future economic loss (medical expenses): $84,065.00
  • Past non-economic loss: $1,250,000
  • Future non-economic loss: $1,000,000

The total verdict amounted to $2,688,866.00.

However, the jury also found Plaintiff partially responsible for the negligence. They assigned 75% of the responsibility to Crichton and 25% to Plaintiff Tojin.

On November 13, 2024, Judge Michael I. Levanas issued the final judgment. After applying the comparative fault, the judgment stated that Plaintiff was entitled to recover $2,016,649.50, plus interest and costs.

Court Documents:

Available for purchase upon request