Claims - November 2016

Speed and Error Contribute
to Plaintiff’s Injuries
By Patricia L. Harman

Verdict: Plaintiff, $10 million in damages, $5 million actual award

Venue: Los Angeles County, California

Plaintiff: Antonio Pureco, 38

Defendants: Felipe De La Torre Carrillo, American Transport and David De La Torre Carrillo

Insurer: Allstate Insurance Co.

Demand: $30 million

Offer: $100,000

Antonio Pureco was coming home from his work as a gar- dener and because of the way he approached his apartment building, had to make a U-turn to park in front of it. He turned on his right turn signal as if indicating to turn right into another apartment building, then swung the car around to make a U-turn on the narrow street.

A car driven by 18-year-old David De La Torre Carrillo had been following behind Pureco and moved to go around him when he turned on his signal and moved to the right-hand side of the road. De La Torre Carrillo struck Pureco in the driver’s side door when Pureco began his U-turn. The impact of the crash was so severe that Pureco was knocked unconscious and had to be removed from the vehicle with the Jaws of Life.

Pureco remained unconscious for two weeks and was eventually diagnosed with a severe traumatic brain injury, a left diaphragm injury and his femur was pushed through the socket of his hip bone. He experienced a month of concussive amnesia after he awoke from the concussion. Because his injuries were so severe, his physicians waited to perform the hip replacement, which he needed following the injury to his femur.

De La Torre Carillo was cited for excessive speed, while Pureco was cited for an unsafe U-turn. Pureco alleged that De La Torre Carillo and his father, Felipe De La Torre Carrillo who was believed to be the owner of the car, were liable for his injuries. American Transport, a California transportation company was later added to the case as a defendant, but it was determined the company was not involved and they were removed from the case.

Pureco’s accident reconstruction expert determined that De La Torre Carillo was traveling between 53 and 58 mph on the street which had a 35 mph speed limit. The defendant’s counsel contended that the speed at impact was 46 mph and that even if De La Torre Carillo had been traveling the speed limit, the impact would have been less and struck the rear fender of the vehicle instead of the driver’s side door, resulting in less severe injuries for Pureco. The defense counsel also countered that Pureco’s negligence contributed to his injuries.

Plaintiff’s counsel alleged that Pureco would never be able to go back to work. All of the experts agreed that he suffered from severe cognitive issues due to the traumatic brain injury. Pureco’s counsel argued that he requires 24/7 care, has a life expectancy that has been reduced by seven years and would likely suffer dementia by age 60. They valued his lifetime of care at $12 million.

The defendant’s counsel countered that Pureco only needed care eight hours a day and could move into a full-time care facility following the onset of dementia, and valued the cost of his care at $3.8 million.

The jury determined that Pureco’s damages totaled $10 million, but apportioned 50 percent of the fault to him, allowing him to recover $5 million: $1 million for past pain and suffering, $5 million for future pain and suffering, and $4 million for future medical costs.