Preview
Robert Weinstein, Esq. [Bat No. 140412] surenor oder 5 ae
OUNTY OF SAN BERNARDINO
ROBERT S. WEINSTEIN & ASSOC. SAN BERNAROWND DISTRICT
12401 Wilshire Boulevard, Suite 200
Los Angeles, Califormia 90025 APk 23 2023
T: (310) 277-7762
1039 S, Palm Canyon Drive —
Vs
Palm Springs, California 92264
T: (760) 797-5502 GREG TRIBHART, DEPUTY
Weinsteinlaw100@aol.cor
lan Herzog, Esq, [Bar No, 41396]
HERZOG, YUHAS, EHRLICH & ARDELL
A Professional Corporation
11400 West Olympic Boulevard, Suite 1150
Los Angeles, California 90064
10 Telephone: (310) 458-6660
Facsimile : (310) 458-9065
11
her: ix.netcom.con:
12 Attorneys for Plaintiffs
BRIAN MAHAFFEY & ASHLEY MAHAFFEY
13
14 IN THE SUPERIOR COURT OF CALIFORNIA
15 COUNTY OF SAN BERNARDINO ~ CENTRAL
16 BRIAN MAHAFFEY and ASHLEY CASE NO. CIVDS1908657
MAHAFFEY,
17 [Assigned to Hon. Corey G. Lee, Dept. S15}
18 Plaintiffs,
PLAINTIFFS’ TRIAL BRIEF
19 vs.
DATE: April £6, 2023
20 RICHARD WILSON; JOSE MEDINA; TIME : 10:00 a.m,
COLORAMA WHOLESALE NURSERY dba DEPT: 4S
21 COLORAMA; and DOES | through 100,
22 Inclusive.
23 Defendants.
24
25 This is an action for personal injuries brought by Brian Mahaffey, age 36, and his former wife,
26 Ashley Mahaffey, age 32, against Colorama Wholesale Nursery involving Mr. Mahaffey’s
27 documented head trauma, mild traumatic brain injury (mTBI) and post concussive syndrome with
28 PTSD as well as orthopedic injuries and anxiety suffered by both Plaintiffs. Despite a contrary police
zie
PLAINTIFFS’ TRIAL BRIEF
report finding and a Postal Worker’s eye witness account blaming the Colorama driver, Jose Medina,
for running a red light, defendant long asserted that Brian Mahaffey was at fault for the April 11, 2018
noontime T-Bone intersection collision. Attached as Exhibit I (Trial Exh 001) is a copy of the police
report documenting finding that Party 1, Jose Medina, caused the accident by running the red light.
[Party
#10 1-¢MEOINA) |
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ete
1
ie
40 e
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AccRS? eae
il a
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12 eas
ES
13 se
SEMA:
14
15 Defendant now admits liability but asserts (through the testimony of its IME Neurologist and
16 Neuro Psychology experts) that Brian Mahaffey’s documented head trauma (concussion) and
17 complaints continuing bouts of dizziness, headaches, blurred/double vision, concentration and memory
18 problems, photophobia, phonophobia, depression, anxiety, and mood swings are ali caused by Mr.
19 Mahaffey’s conscious or unconscious malingering and/or by his secondary gain motivations.
20 Defendant’s IME Orthopedic Surgeon, Dr. Fenison found that both Plaintiffs’ orthopedic
21 injuries, which include MRI documented shoulder, knee and spine anomalies, were pre-existing
22 conditions or possibly caused by malaise and/or, in the case of Ashley Mahaffey, her poulaer injury
23 was caused by her employment as a barber. (Trial Exhibits 60 and 21)
24 The Mahaffeys’ treating physicians and neuropsychologist will tell a far different and
compelling story, explaining the physical, cognitive and emotional changes caused by this accident.
26 [D AND iS -
27 1, Accident Day ER Record’s History: “Complains of dizziness since the accident. (+) head
28 trauma on the side airbags. There was no LOC.” “Differential Diagnosis: Neck injury, cervical strain,
-~2-
PLAINTIFFS’ TRIAL BRIEF
Preview
Robert Weinstein, Esq. [Bat No. 140412] surenor oder 5 ae OUNTY OF SAN BERNARDINO ROBERT S. WEINSTEIN & ASSOC. SAN BERNAROWND DISTRICT 12401 Wilshire Boulevard, Suite 200 Los Angeles, Califormia 90025 APk 23 2023 T: (310) 277-7762 1039 S, Palm Canyon Drive — Vs Palm Springs, California 92264 T: (760) 797-5502 GREG TRIBHART, DEPUTY Weinsteinlaw100@aol.cor lan Herzog, Esq, [Bar No, 41396] HERZOG, YUHAS, EHRLICH & ARDELL A Professional Corporation 11400 West Olympic Boulevard, Suite 1150 Los Angeles, California 90064 10 Telephone: (310) 458-6660 Facsimile : (310) 458-9065 11 her: ix.netcom.con: 12 Attorneys for Plaintiffs BRIAN MAHAFFEY & ASHLEY MAHAFFEY 13 14 IN THE SUPERIOR COURT OF CALIFORNIA 15 COUNTY OF SAN BERNARDINO ~ CENTRAL 16 BRIAN MAHAFFEY and ASHLEY CASE NO. CIVDS1908657 MAHAFFEY, 17 [Assigned to Hon. Corey G. Lee, Dept. S15} 18 Plaintiffs, PLAINTIFFS’ TRIAL BRIEF 19 vs. DATE: April £6, 2023 20 RICHARD WILSON; JOSE MEDINA; TIME : 10:00 a.m, COLORAMA WHOLESALE NURSERY dba DEPT: 4S 21 COLORAMA; and DOES | through 100, 22 Inclusive. 23 Defendants. 24 25 This is an action for personal injuries brought by Brian Mahaffey, age 36, and his former wife, 26 Ashley Mahaffey, age 32, against Colorama Wholesale Nursery involving Mr. Mahaffey’s 27 documented head trauma, mild traumatic brain injury (mTBI) and post concussive syndrome with 28 PTSD as well as orthopedic injuries and anxiety suffered by both Plaintiffs. Despite a contrary police zie PLAINTIFFS’ TRIAL BRIEF report finding and a Postal Worker’s eye witness account blaming the Colorama driver, Jose Medina, for running a red light, defendant long asserted that Brian Mahaffey was at fault for the April 11, 2018 noontime T-Bone intersection collision. Attached as Exhibit I (Trial Exh 001) is a copy of the police report documenting finding that Party 1, Jose Medina, caused the accident by running the red light. [Party #10 1-¢MEOINA) | we tha cause o! ide celision by driving V1 In Vietation of GOVE 21463(6)-Red gti vi ten, ete 1 ie 40 e eon g AccRS? eae il a a] oe 12 eas ES 13 se SEMA: 14 15 Defendant now admits liability but asserts (through the testimony of its IME Neurologist and 16 Neuro Psychology experts) that Brian Mahaffey’s documented head trauma (concussion) and 17 complaints continuing bouts of dizziness, headaches, blurred/double vision, concentration and memory 18 problems, photophobia, phonophobia, depression, anxiety, and mood swings are ali caused by Mr. 19 Mahaffey’s conscious or unconscious malingering and/or by his secondary gain motivations. 20 Defendant’s IME Orthopedic Surgeon, Dr. Fenison found that both Plaintiffs’ orthopedic 21 injuries, which include MRI documented shoulder, knee and spine anomalies, were pre-existing 22 conditions or possibly caused by malaise and/or, in the case of Ashley Mahaffey, her poulaer injury 23 was caused by her employment as a barber. (Trial Exhibits 60 and 21) 24 The Mahaffeys’ treating physicians and neuropsychologist will tell a far different and compelling story, explaining the physical, cognitive and emotional changes caused by this accident. 26 [D AND iS - 27 1, Accident Day ER Record’s History: “Complains of dizziness since the accident. (+) head 28 trauma on the side airbags. There was no LOC.” “Differential Diagnosis: Neck injury, cervical strain, -~2- PLAINTIFFS’ TRIAL BRIEF