Gray•Duffy, LLP secures favorable settlement of its client JBA Trucking Co., and its driver, following an alleged “hit and run” traffic accident.

June 2016

Saul Romero v. JBA Trucking Co.

Overview

Matt Shore of Gray Duffy’s Encino, CA office successfully defended the firm’s client in a lawsuit arising out of a traffic collision which occurred at the intersection of Anaheim Street and Santa Fe Avenue, in the City of Long Beach. Plaintiff was driving a 2012 Vespa scooter in the number 2 lane of eastbound Anaheim Street. Bragg Investment Co., Inc. dba JBA Trucking Co. owned and operated a “belly dump” type tractor trailer rig which was pulling two fully laden trailers of petroleum coke. The JBA rig was traveling in the No. 2 lane of eastbound Anaheim between a local refinery and the harbor. JBA’s vehicle then came to a complete stop at the intersection of Santa Fe and Anaheim at a red traffic signal. Plaintiff claimed he was then struck from behind and was run over by a JBA truck after the light turned green. Evidence showed that the truck which struck the plaintiff was, in fact, a white bobtail pulling no trailers.

Discussion

Discovery showed that plaintiff, the driver of the Vespa scooter, had lane split and had attempted to pass the JBA rig on the left, between lanes 1 and 2. The plaintiff was DUI at the time of the alleged incident, and his blood alcohol level was 2 ½ times the legal limit. As plaintiff attempted to lane split, he apparently lost control of his vehicle and was struck by a bobtail truck in the number 1 lane of eastbound Anaheim Street. Alternatively, plaintiff lost control of his scooter, glanced off of the JBA vehicle, then came to rest in the No. 1 lane of eastbound Anaheim Street. Following the alleged incident, JBA’s driver was arrested and prosecuted for felony hit and run. The charges against the driver were later dismissed after the People learned that the plaintiff/victim of the traffic accident had been DUI and had a long-term history of alcohol addiction. He suffered from DT’s and was delusional when the CID investigator attempted to interview the plaintiff while in the hospital recovering from severe injuries. Mr. Romero acknowledged 3 prior convictions for DUI. He sustained catastrophic injuries in the incident as a result of being run over, including brain trauma, spinal injuries and numerous fractures all over his body. He was admitted to St. Mary’s Hospital and was placed in a medically induced coma. He then was transferred to Kaiser Hospital for an extended stay, physical therapy and rehabilitation. CCTV video was developed by the CID detectives which placed the JBA truck and its driver in the No. 2 lane of eastbound Anaheim at the time of the incident. CID contended that one of the CCTV videos showed the JBA truck purportedly pausing as it traveled through the intersection, which CID contended was consistent with when plaintiff was run over by JBA’s driver. This matter was settled during mediation for $135,000. If you’re involved in a road accident with a truck and have sustained injuries as a result, you may want to get in touch with a Truck Accident Lawyer like Ruloff, Swain, Haddad, Morecock, Talbert & Woodward, P.C. if you’re in Virginia Beach.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.