News - Tharpe & Howell - Litigation and Transaction Lawyers

MULTI-MILLION DOLLAR CLAIM SETTLED FOR $5,000!

Firm litigator Shawn Elliott recently settled a multi-million dollar claim against a truck driver client for $5,000!!

In this case, plaintiff Hugo Tapia was driving home from work one night in the City of Moreno Valley. He claimed to have suddenly come upon a poorly or unlit tractor-trailer, and collided with its rear at a speed of approximately 55 miles per hour. Mr. Tapia's compact car under-rode the trailer, and he sustained major head trauma and was impaled through his chest.

As a result of the incident, plaintiff Tapia was in a coma for one month after the incident and awoke with no remaining memory of his 40+ years of life. His past medical expenses alone exceeded $1 million dollars.

Plaintiff Tapia instituted action against the Firm's truck driver client, alleging negligence related to the lighting of his trailer. He further alleged that the truck driver was negligent per se, as an ordinance in the City of Moreno Valley prohibited the operation of tractor-trailers on streets such as the one on which this incident occurred - outside of a designated truck route.

During discovery, Shawn Elliott gathered evidence that the lighting on the truck driver client's truck satisfied all Federal and State requirements. Further, he argued that the truck route ordinance relied upon by the plaintiff was not designed to protect against accidents such as this one, and that any alleged violation of the ordinance was not a substantial factor in causing harm.

After battling for months, and just prior to the deposition of the Chief Traffic Engineer for the City of Moreno Valley, plaintiff Tapia reluctantly agreed to accept $5,000 in full settlement of his claim!

Litigator Shawn Elliott is a Partner I at the Firm's Sherman Oaks office. His practice focuses on all phases of civil litigation, including arbitration and trial work. Mr. Elliott also represents a variety of clients in matters related to Transportation Law and Insurance and Business Law.

If you would like to learn more about Mr. Elliott's litigation experience and expertise, please contact him at (818) 205-9955.

Related Attorney(s):
Shawn K. Elliott

Related Practice Area(s):
General Litigation
Transportation Law