Vol. 55 No. 4

Trial Magazine

Verdicts & Settlements: Motor Vehicle Liability

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Improper Lane Change

April 2019

Carlos Barrios, a truck driver for Savage Services Corp., was operating a Mack truck on a freeway. As he initiated a lane change, Barrios failed to see a Honda sedan in his blind spot. As a result, the truck collided with the Honda, sending it careening across the freeway in front of Wayne Tamanaha, 66, who was driving his motorcycle.

Tamanaha suffered multiple injuries, including jaw, tooth, and wrist fractures. He underwent surgeries and was diagnosed as having a mild traumatic brain injury, resulting in cognitive impairment, anxiety, and depression. Tamanaha, who was a retired electrical technician but served as a consultant to the oil pumping industry, incurred medical expenses of approximately $88,100.

Tamanaha and his wife sued Savage Services, alleging liability for Barrios’s improper lane change. The plaintiffs also sued the Honda’s driver, whom Savage Services claimed caused the incident.

The plaintiffs settled with the driver of the Honda before trial for policy limits. The jury awarded more than $2.33 million.

Citation: Tamanaha v. Savage Servs. Corp., No. BC605062 (Cal. Super. Ct. Los Angeles Cnty. Dec. 18, 2018).

Plaintiff counsel: AAJ member Gerald Agnew Jr. and Anna Cronk Small, both of Torrance, Calif.

Plaintiff experts: Joseph Yates, accident reconstruction, Seal Beach, Calif.; and Paul Herbert, trucking, Quincy, Calif.

Defense expert: Timothy Long, accident reconstruction, Valencia, Calif.