Ramirez vs. Colich & Sons, et al.


    Christopher Faenza obtained a defense verdict on behalf of defendants, Colich & Sons and J.C. Equipment, in a case involving a motor vehicle accident resulting in an alleged skull fracture and moderate brain injury.

    On November 28, 2005, plaintiff, Jose Ramirez, a 32-year-old laborer, was a passenger in a sports car operated by his wife, Martha Campos. They were northbound in the right lane of a three-lane road. Ramon Alvarez, a mechanic for Colich & Sons and J.C. Equipment, was driving a service truck northbound in the in the middle lane.

    Plaintiffs contended that they were driving at a speed of 55 mph and that defendants' truck was going 3 mph faster when it drifted into their lane. Plaintiffs claimed that defendants' truck hit their vehicle when it drifted into their lane, causing plaintiffs' car to spin out of control, striking the guardrail and defendants' truck.

    Plaintiff, Jose Ramirez, claimed he suffered a skull fracture and a moderate brain injury as a result of the incident. He claimed he incurred past medical expenses in the amount of $47,000, future medical expenses in the amount of $145,000, past loss of earnings in the amount of $34,000, as well as pain and suffering in the amount of $2.2 million.

    Through their accident reconstructionist and an independent witness, Yoka & Smith argued that plaintiffs were traveling 70 mph at the time of the incident when they attempted to pass defendants' truck. Mr. Faenza and Mr. Smith showed that plaintiffs' car made an unsafe lane change into defendants' lane, establishing that plaintiffs cut the turn too sharply and hit defendants' truck. The defense also disputed that plaintiff suffered a skull fracture. The jury found the defendants' version of the accident more credible than plaintiffs' version and returned a defense verdict.

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