CASE NAME: Jose Cervantes v. Nestor Garcia, CAL-STATE Auto Parts, Inc.
Case No. 37-2015-00012711-CU-PA-CTL, Judge Kevin Enright.
Mr. Cervantes was an injured passenger in a work truck where a Ford F-650 caused a 10-vehicle collision pile up on Interstate 15 and the Mira Mesa Blvd. Exit on June 17, 2013.
Mr. Cervantes presented to Sharp Hospital on the date of the collision via ambulance where he was evaluated and given diagnostics. He followed up with his work comp doctors who prescribed physical therapy and released him with a whole person impairment rating. Mr. Cervantes continued to have severe pain and followed up with a pain management doctor, and an orthopaedic surgeon who performed lumbar surgery (level one fusion). He then followed up with his doctor, physical therapist, chiropractor, massage therapist and underwent chiropractic care.
I had his case shortly after the preventable collision. I filed a lawsuit against the at-fault parties, and joined forces with fellow trial lawyer Edward Babbitt. Eighteen depostions were taken in this case. Defense hired Dr. Ostrup as their counter view with Dr. Leary who performed the one level fusion surgery. I ran numerous focus groups in order to find out the best way to navigate the case. When settlement was achieved, I had to successfully negotiate with twenty-two different medical providers.
During the litigation, the at-fault carrier, Liberty Mutual, bought out the workers' compensation lien of $73,172.00. This benefit was added to the total settlement result.
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