[ATTORNEY NAME — STATE BAR NO. ######]
[FIRM NAME]
[ADDRESS LINE 1]
[CITY, STATE ZIP]
[PHONE | EMAIL]
Attorneys for Plaintiff MARIA REYES
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO
MARIA REYES, Case No. CIVDS2401847 (FICTIONAL)
Plaintiff,
v. STATEMENT OF DAMAGES
(CCP § 425.11)
PACIFIC WESTERN LOGISTICS, INC.,
a California corporation; JOHN DOE;
and DOES 1 through 50,
Defendants.
STATEMENT OF DAMAGES
(California Code of Civil Procedure § 425.11)
To: Defendants PACIFIC WESTERN LOGISTICS, INC. and JOHN DOE, and their counsel of record
Pursuant to California Code of Civil Procedure § 425.11, Plaintiff MARIA REYES (“Plaintiff”) hereby states that the following categories and approximate amounts of damages are sought in this action:
SPECIAL DAMAGES (ECONOMIC)
1. Medical and Related Expenses
| Item | Amount (Approximate) |
|---|---|
| Emergency room and hospital — Arrowhead Regional Medical Center (11/4/2023) | $28,400 |
| Ambulance transport | $1,850 |
| Primary care physician visits (11/2023 – present) | $4,200 |
| MRI studies — cervical and lumbar (1/22/2024) | $6,400 |
| Neurological consultation | $2,100 |
| Physical therapy — ongoing (~48 sessions to date) | $14,400 |
| Orthopedic specialist consultations | $3,600 |
| Prescription medications | $1,800 |
| Cervical collar, lumbar support, home medical equipment | $640 |
| Medical expenses incurred to date (approx.) | $63,390 |
Future Medical Expenses:
| Scenario | Estimate |
|---|---|
| Conservative treatment continues (additional PT, pain management) | ~$45,000 |
| Surgical intervention — L4-L5 discectomy / fusion (if needed) | ~$95,000 – $130,000 additional |
| Post-surgical rehabilitation | ~$18,000 |
| Future medical (conservative scenario) | ~$45,000 |
| Future medical (surgical scenario) | ~$113,000 – $148,000 |
2. Lost Income and Earning Capacity
| Item | Amount (Approximate) |
|---|---|
| Lost wages — LVN position (11/7/2023 – present, approx. 21 months) | $111,300 |
| Lost employment benefits (health insurance, retirement contributions, accrued PTO) | $18,200 |
| Lost income to date (approx.) | $129,500 |
| Future lost earning capacity (to be determined by vocational expert) | TBD |
3. Other Out-of-Pocket Economic Losses
| Item | Amount (Approximate) |
|---|---|
| Transportation to medical appointments (mileage / rideshare) | $2,100 |
| Home assistance and household services (due to physical limitations) | $8,400 |
| Other economic losses (approx.) | $10,500 |
TOTAL SPECIAL DAMAGES (approximate, to date, conservative scenario):
~$203,390
GENERAL DAMAGES (NON-ECONOMIC)
Plaintiff seeks general damages for the following categories of non-economic harm:
-
Pain and suffering — Plaintiff has experienced acute and chronic cervical and lumbar pain since the INCIDENT, affecting her daily activities, sleep, and quality of life.
-
Mental anguish and emotional distress — Plaintiff has experienced significant emotional distress arising from her physical injuries, loss of professional identity, financial strain, and uncertainty about her long-term prognosis.
-
Loss of enjoyment of life — Plaintiff has been unable to engage in activities she previously enjoyed, including recreational activities and participation in family life, due to her physical limitations.
-
Loss of consortium — [To be pleaded if applicable — to be determined.]
General damages: To be determined at trial.
PUNITIVE DAMAGES
Plaintiff reserves the right to seek punitive damages against Defendants, including Pacific Western Logistics, Inc., upon a showing that Defendants engaged in conduct constituting oppression, fraud, or malice within the meaning of California Civil Code § 3294. Specifically, Plaintiff contends that Defendants’ conduct in permitting Defendant JOHN DOE to operate a commercial motor vehicle in violation of federal hours-of-service regulations, following a pattern of disregard for driver safety compliance, may support a finding of malice or despicable conduct in conscious disregard of the safety of others. Discovery on this issue is ongoing.
Date: August 1, 2024
[ATTORNEY NAME — STATE BAR NO. ######]
[FIRM NAME]
Attorneys for Plaintiff MARIA REYES
PROOF OF SERVICE
I, [PARALEGAL NAME], declare: I am over the age of 18 years and not a party to this action. On August 1, 2024, I served the foregoing STATEMENT OF DAMAGES on Defendants PACIFIC WESTERN LOGISTICS, INC. and JOHN DOE by the following means:
[ ] First-class mail, postage prepaid, to Defendants’ last-known business addresses
[ ] Electronic mail, pursuant to CCP § 1010.6
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on August 1, 2024.
[PARALEGAL NAME]