JINCHI v. SHAMROCK CRANE INC., et al.

VERDICT/SETTLEMENT SUMMARY

DATE: December 20, 2011

CASE: JINCHI v. SHAMROCK CRANE INC., et al.

TOPIC: PERSONAL INJURY, AUTO v. TRACTOR TRAILOR

CASE NO.: LC091306

COURT/COUNTY: Los Angeles Superior Court, Northwest District

JUDGE: Hon. Michael Harwin, Dept. M

SETTLEMENT: $1,115,000.00

MEDIATOR: Hon. Russell Bostrom (Ret.)

PLAINTIFF(S) ATTORNEYS:

Brian Panish and Tom Schultz, PANISH, SHEA & BOYLE, LLP (Los Angeles, Ca.)

Cameron Brock, BURG & BROCK (Sherman Oaks, Ca.)

DEFENDANT(S) ATTORNEYS:

Winston Keh, MURPHY PEARSON BRADLEY AND FENNY (Los Angeles, Ca.) for Defendant Shamrock Crane and James Flavin

Steve Neimand, LAW OFFICES OF STEVE NEIMAND (Calabasas, Ca.) for San Gabriel Transit and Harry San

FACTS:

On November 5, 2009, Plaintiff Farbod Jinchi, 51, was a restrained passenger in a taxi cab travelling northbound on the 405 in the carpool lane.  James Flavin was operating a 25,000 lbs mobile crane during the course and scope of his employment for Shamrock Cranes, Inc.  The Shamrock Crane was negligent in the operation of his vehicle and made an unsafe lane change at 50 mph resulting in the vehicle careening across four lanes of highway and impacting another vehicle before crashing into the center median.  The taxi cab that plaintiff was a passenger in, was unable to stop in time and crashed into the back of the vehicle that the crane had hit and dragged into the median divider. At the time of the accident, plaintiff was blind and was not employed.  

Plaintiff filed suit against the owner and operator of the mobile crane, Shamrock Cranes, Inc.  As well as the owner and operator of the taxi cab, San Gabriel Transit.  

INJURIES:

As a result of the accident, Plaintiff suffered a fibula fracture, cervical and back pain, right shoulder pain, injury to his left knee and had symptoms consistent with reflex sympathetic dystrophy to his left leg.  He underwent an arthroscopic surgery to his left knee and right shoulder. Plaintiff also suffered dental injuries when his face impacted on the seat in front of him.  

PLAINTIFF(S) CONTENTIONS:

Shamrock Cranes and its driver were negligent in the operation of the mobile crane.  The Traffic Collision Report found the operator of the crane to be solely at fault for the accident.  In addition, San Gabriel Transit did not properly equip its taxi cabs with functioning seatbelts furthering Plaintiff’s injuries.  

DEFENDANT(S) CONTENTIONS:

Both Defendants contested liability and contested the seriousness of Plaintiff’s injuries as well as the reasonableness and necessity of past and future medical care.  

SETTLEMENT:

The case was mediated before Judge Bostrom on two different occasions.  The case settled less than a month before trial during the second mediation.