Zoilo Doran-Hernandez vs. Deborah Marie McClaskey

Case Background

Plaintiff Zoilo Doran Hernandez filed an auto negligence lawsuit against Deborah Marie McClaskey after a motor vehicle accident on a California freeway.

The case was filed in the California Superior Court, Los Angeles County. Judges Virginia Keeny, Karen Moskowitz, Michelle C. Kim, Anne Hwang, Michael E. Whitaker, and Audra Mori presided over this case. [Case number: 19STCV36192]

Cause

On December 21, 2017, Plaintiff Zoilo Doran Hernandez drove westbound on the 210 Freeway in Glendora, California. Defendant Deborah Marie McClaskey and others, identified as Does 1 to 25, were responsible for operating another vehicle. They negligently drove and maintained their vehicle, leading to a collision with Hernandez’s car. This incident resulted from their carelessness in handling the vehicle, ultimately causing the accident.

Damages

The Defendants’ negligence caused the Plaintiff physical, emotional, and financial harm, including lost income, diminished earning capacity, medical expenses, and repair costs. The Plaintiff sought compensation for these damages and any additional relief deemed appropriate by the Court.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s):  Zoilo Doran Hernandez
    • Counsel for Plaintiff(s): Edward Lee | Chris Fields
  • Defendant(s): Deborah Marie McClaskey | Does 1 to 25
    • Counsel for Defendant(s): Lawrence D. Esten | Sophie O. LaFranchi

Claims

In this auto negligence lawsuit, the Plaintiff claimed that the Defendants’ careless and negligent actions directly caused harm. As a result, the Plaintiff suffered significant physical and emotional damages.

Defense

Defendant, Deborah Marie McClaskey, denied all allegations in Plaintiff’s complaint and disputed the claimed damages. The defense argued that the complaint lacked a valid legal basis and claimed that Plaintiff’s negligence contributed to the incident. Additionally, Defendant asserted that liability should be proportionate to fault, and Plaintiff knowingly assumed the risks involved. The defense also contended that the Plaintiff failed to mitigate damages and that other parties, not the Defendant, caused the alleged injuries. Furthermore, the Defendant argued that the claims were barred by the statute of limitations and non-compliance with financial responsibility laws.

Jury Verdict

The jury returned its verdict on September 4, 2024. They found that Defendant Deborah Marie McClaskey’s negligence was a substantial factor in causing harm to Plaintiff Zoilo Doran Hernandez. The jury awarded $6,000 for past non-economic damages, such as pain and suffering.

On October 07, 2024, Hon. Virginia Kenny entered a final judgment consistent with the verdict.

Court Documents:

Available for purchase upon request