$1.08 Million Verdict After Tractor-Trailer Rear-Ends Pickup on San Bernardino Freeway

Francisco Perez, 57, was driving a pickup truck and towing a Ford Expedition along an interstate in San Bernardino County when the vehicle behind him, a large commercial tractor-trailer operated by Mihael Ilies on behalf of Con-Mold, Inc., struck the rear of his truck. No injuries were reported at the scene, a fact the defense would later use to contest the extent of Perez's long-term harm.

Despite the absence of visible trauma at the accident site, Perez developed significant physical complaints in the weeks that followed. The damages picture that emerged at trial included past medical expenses of $279,040 and future medical expenses of $304,862, reflecting ongoing care his physicians projected he would need. The remaining damages were awarded for past pain and suffering.

Banafsheh, Danesh and Javid, PC, retained Shawn J. McCann and Normandy Kidd to represent Perez. Defendants were defended by Gates, Gonter, Guy, Proudfoot and Muench, LLP. The core defense position was that the no-injury report at the scene undercut the severity of any claimed damage. Plaintiff's counsel pushed back through medical evidence and expert testimony over a trial that ran 18 days before the Honorable Brian S. McCarville.

After two days of deliberation, the jury returned a verdict on October 4, 2018, awarding Perez $1,083,902.05 in total damages: $279,040 in past medical expenses, $304,862 in future medical expenses, and $500,000 for past pain and suffering. The case, which stemmed from a 2014 collision, was filed in San Bernardino County Superior Court under Case No. CIVDS1602356 in 2016, giving rise to a substantial prejudgment interest accrual.

Once costs and prejudgment interest were added, the parties settled post-verdict for $1,275,000, closing the case without further appellate proceedings. The verdict and settlement were reported by Jury Verdict Alert under Case No. CIVDS1602356.