$1.25 Million: Nakamoto v. Holguin
February 2025
Ventura County. Rear-end car crash. Plaintiff exited US-101 on his way to work and was stopped at a red light. He was rear-ended at a high rate of speed by the Defendant, who was an elderly gentleman. The Plaintiff suffered neck and back pain with symptoms radiating into his arms and legs. The Plaintiff ultimately underwent back surgery after physical therapy, medication, and injections failed to relieve his symptoms.
The Defendant's auto insurance carrier, Farmers Insurance, claimed in pre-litigation that the Defendant suffered from a stroke at the time of the collision and was therefore not liable for the collision under the Sudden Emergency Doctrine. The pre-litigation attorney referred the case to Blain Law, APC. A lawsuit was filed and it was discovered that although the Defendant personally claimed to have suffered a stroke, no medical records supporting the Defendant's claim were produced. Farmers Insurance eventually abandoned its Sudden Emergency Defense and accepted 100% liability on behalf of its insured for the collision. After Plaintiffs' depositions and records subpoenas, Farmers Insurance accepted the Plaintiffs' Offer to Compromise under CCP section 998 for the policy limits of $1,250,000.
Practice area(s): Car / Auto Accident, Personal Injury
Court: Ventura