Carlos and his son were traveling to work. The Defendant was a 21-year intern visiting Los Angeles for the summer. Carlos was rear-ended by the intern at approximately 9 to 13 mph.
Defendant lied; she claimed Carlos reversed his car and crashed into her! She was worried her parents would be angry. Carlos suffered a tear to the labrum in his left shoulder -- his arm was extended on the car’s gear shifter. Eventually after comprehensive chiropractic care, Carlos was forced to see a shoulder specialist for a SLAP surgery.
Defense ortho testified that Carlos' injuries were pre-existing despite the fact that he has no prior medical records. Defendant’s crash expert admitted that if Carlos had reversed his car into defendant’s car, it would have been at 1 to 2 mph and would have had zero car damage.
Furthermore the 21-year old Defendant claimed that Carlos was cursing and threatened to assault her, despite the presence of Carlos’s 17-year-old son.
The jury didn’t believe Defendant.
State Farm made a serious mistake believing their lying insured.
State Farm offered $6,000. Carlos demanded $249,999.99. After 90 minutes of deliberation, the jury awarded $260,995. State Farm also had to pay $53,226.48 in attorney fees and costs.
Carlos Perez vs. Kalley Gullett: Judge Michele Flurer, October 23, 2019, Los Angeles Superior Court.
PRACTICE TIPS
--When your patient suffers a serious injury, you have a duty to refer to the most appropriate MD specialist if surgery is required.
--Don’t be afraid of the insurance company charging your client with lying about the accident. If you believe your client is honest and his attorney works to prove your client is innocent, you can help stop insurance bullying by doing the right thing.
