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Trials Digest's "Case of the Month"




Domino's Pizza driver accused of causing injuries


Type of Case:
Vehicle Negligence - Pedestrian
Vicarious Liability

Jurisdiction:
State: California
Court: Superior Court, Orange County, California.

Case Name:
Czapinski v. Hernandez

Docket/File Number:
37-2015-00033128-CU-PA-CTL

Judge:
Joel R. Wohlfeil

Result Type:
Settlement

Result Date:
March 23, 2017

Result Amount:
$260,000

$245,000 to plaintiff from defendant Domino's Pizza for damages
$15,000 to plaintiff from defendant Hernandez's private insurance company

Attorneys:
Plaintiff: Parisima Roshanzamir, The Roshanzamir Law Firm, San Diego, CA; Pajman Jassim, Jassim & Associates A.P.C., San Diego, CA
Defendant: Russell A. Franklin, Chen, Horowitz & Franklin, Los Angeles, CA

Facts/Contentions:
According to the plaintiff's lawyer: Plaintiff Michelle Czapinski was reportedly standing next to her side loader truck, unloading products, when a Domino's Pizza driver, Luis Hernandez, drove around the corner of the truck and nearly ran of plaintiff. Attempting to avoid getting run over, plaintiff was pushed into her truck, injuring her shoulder.

Plaintiff claimed her shoulder was injured as a direct result of getting slammed against her truck.

Plaintiff alleged defendant Domino's Pizza was vicariously liable for the negligent driving of its driver, Luis Hernandez. Plaintiff also claimed defendant Hernandez's negligent driving resulted in injuries to her shoulder and foot.

Defendants disputed liability, causation and damages.

Claimed Injuries:
According to the plaintiff's lawyer: Right shoulder soft tissue injury; bruised right toe.

Claimed Damages:
According to the plaintiff's lawyer: $59,152 past medical.

Settlement Discussions:
According to the plaintiff's lawyer: Demand: $99,999 (Cal. Civ. Proc. Code Sec. 998).

Expert Witnesses:
Plaintiff: Christian Bentley, M.D., Orthopedic Surgeon, Encinitas, CA; Heather Xitco, C.P.A., Economist, Dolan Xito Consulting Group, San Diego, CA; Behnush Mortimer, Ph.D., Vocational Rehabilitation, San Diego, CA

Defendant: Jacob Tauber, M.D., Orthopedic Surgeon, Beverly Hills, CA



Expert Witness Comments/Testimony:
Not reported.

Comments:
Not reported.

Westlaw Citation:
2017 WL 2060835




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