Jason Walczak and Ami Walczak v. Julio C. Ventura dba Ventura Trucking;
Pablo Ventura, Neal Trucking and Does 1 through 20, Inclusive

$3,000,000.00 settlement for a personal injury case involving a contract driver who was rendered quadriplegic when he was rear-ended by a tractor trailer rig. Lead attorney was partner Kevin Quinn with associate Allyson Taub.

Date, Time and Place of Incident(s):
May 9, 2006, at approximately 12:25 p.m., Eastbound on State Road 74 in the City of Riverside, County of Riverside

Facts and Background:  
On May 9, 2006, Jason Walczak was investigated by his employer, Ahern Rentals, to drive and deliver a water trailer from Ahern Rentals in Lakeside, California to Ahern Rentals in Romoland, California. The delivery should only have taken about an hour and a half. Unfortunately, 31-year-old Jason Walczak, who worked for Ahern Rentals as a Contract Signer, not a delivery person, never made it.

Jason was almost to his destination, traveling on State Road 74. He signaled and slowed in preparation of his right turn into the Ahern Rentals driveway. Jason came to a complete stop in order to allow another Ahern vehicle to exit the property. Jason was never told by Ahern that he was to use the delivery entrance, a side entrance off the highway.

These few moments were the last before Jason’s life was changed forever. A Mack Truck, pulling a trailer of gravel bins for Defendant Neal Trucking, Inc., was traveling at an unsafe speed of 45-50 miles per hour and failed to notice that Jason had signaled and stopped to make a right hand turn. The driver of the Mack Truck, Defendant Pablo Ventura, slammed into the water trailer carried by Jason’s Ford Ranger. The trailer was hit so hard that it was torn from the truck’s hitch and propelled across four lanes of travel into oncoming traffic. The Ranger itself was hurtled directly into a large utility pole, actually landing on top of a fire hydrant.

Though Jason was properly wearing his seatbelt, the crushing impact of the truck into the utility pole caused horrific damage. Jason was found, conscious, inside the truck by Emergency Medical Personnel with his left leg on the dash board, and his right leg under the steering wheel. He was immediately taken to Inland Valley Medical Center to be stabilized. There, CT scans confirmed Jason’s complaint that he could not feel below his upper torso, showing a fractured C2, C6 and C7. Jason was rendered quadriplegic.

Plaintiff's Contentions, Allegations: Negligence and Loss of Consortium against all defendants.

Injuries and/or Damages:
Jason was immediately taken to Inland Valley Medical Center to be stabilized. There, CT scans confirmed Jason’s complaint that he could not feel below his upper torso, showing a fractured C2, C6 and C7. Jason was rendered quadriplegic.

Later that day, Jason was airlifted via helicopter to Scripps Mercy Hospital for more specialized care. Scripps Mercy Hospital became his home for the next month. On May 12, 2006, Jason underwent surgery to fuse his vertebra from his C6 to his C7.

During his stay in the hospital, Jason’s treatment was fraught with complications. Jason was treated for Haemophilus influenza. He developed a Stage II decubitus ulcer on his buttocks, and a drug rash. He also developed deep vein thrombosis in his lower extremities. On May 23, 2006, Jason was found to have developed a Methicillin Resistant Staph infection, after a spike was noticed in his temperature. On May 25, 2006, Jason again underwent surgery to have a percutaneous tracheostomy placed as he suffered from Adult Respiratory Distress Syndrome. He also suffered a bowel obstruction. On June 1, 2006 he was treated again for a Staph infection. On June 2, 2006, the tracheostomy tube was changed to a fenestrated tube, and Jason was placed on a CPAP machine to aid his breathing. He suffered organic sexual dysfunction. The month in Scripps Mercy Hospital was painful, draining, humiliating ...and forever etched in his mind. Before being discharged to rehabilitation as stable on June 12, 2006, Jason was prescribed anti-depressants.

Rehabilitation has been long, painful, and ongoing. Upon his discharge from Scripps Mercy Hospital on June 12, 2006, Jason was in rehabilitation at Craig Hospital in Denver, Colorado, through September 26, 2006. Not only was Jason displaced, but his entire family was uprooted to Colorado so that they could continue to be a family, and provide support. After his stay at Craig Hospital, Jason was moved to Sharp Memorial Hospital for continued rehabilitation from September 26, 2006 through November 14, 2006. This facility did not have the room for Jason, his wife, and four kids to live together, so he was separated from his family for approximately a month, adding to the hardships he was already suffering.

During the same time, Jason began seeing a physician, Dr. Amy Magnusson, a specialist in Spinal Cord Injury Care. Dr. Magnusson coordinated all of Jason’s necessary treatment including urology, psychology, nutrition, internal medicine, orthopedics, neurology, pulmonology, dermatology, cardiology, podiatry, and occupational therapy. These visits continued religiously through the end of February, 2007, approximately 10 months after the incident.

Now home, Jason, unable to use his limbs, is dependent on other people for almost every aspect of his life. He cannot get out of bed, get bathed, or go to the bathroom by himself. He relies on others to prepare his meals, do his laundry, and even help dress himself. He cannot live without constant around-the-clock care.
As of February 2008, the total amount of medical bills was $1,023,096.36. Jason has lost earnings of more than $42,000.00.

Specials: As of February 2008, $1,065,096.36.

Settlement Amounts:
Ventura Trucking to pay $1,000,000.00 policy limits.
Neal Trucking to pay $2,000,000.00 policy limits.
Total $3,000,000.00

Verdict or Award: Settled

Attorney for client: Kevin Quinn and Alyson Taub

Attorney for defendant:
Defendants Julio Ventura dba Ventura Trucking and Pablo Ventura:
Dan Sullivan, Esq. and Hugh Radigan, Esq., Sullivan Struck & Ballog
400 N. Tustin Avenue, Suite 475, Santa Ana, CA 92705, (714) 541-2121

Defendant Neal Trucking, Inc.:
Paul B. Reynolds, Esq., The Reynolds Law Firm
6960 Magnolia Avenue, Suite 101, Riverside, CA 92506, Tel: (951) 788-5550

Individual Plaintiffs: Jason Walczak (Injured party), Ami Walczak (Wife of injured party)

Individual Defendants: Julio Ventura dba Ventura Trucking; Pablo Ventura, Neal Trucking, Inc.