Hicks Law Firm $5.4 Million Verdict + Fraudulent Transfer
Catastrophic I-5 Collision Results in Multi-Million Dollar Verdict and Finding of Fraudulent Property Transfer
Oceanside, California — A bench trial verdict has been received in a catastrophic personal injury case arising from a rear-end collision that occurred on April 6, 2023, on Interstate 5 near Oceanside, California.
The collision resulted in severe and permanent injuries, including the traumatic amputation of the primary Plaintiff’s dominant arm.
Facts and Injury
The case involved a rear-end crash in which the Defendant struck the Plaintiffs’ vehicle while traveling on Interstate 5. A witness documented no pre-impact braking or tire marks from the Defendant’s vehicle. Although the Defendant blamed the Plaintiffs for sudden braking, two independent accident-reconstruction expert witnesses analyzed the Event Data Recorder (EDR) from the Plaintiffs’ vehicle. Both experts concluded that the Plaintiffs were gradually slowing with traffic and did not brake suddenly.
The expert testimony established that the Defendant was traveling at an unsafe speed for conditions, failed to brake, and was the sole cause of the collision. As a direct result of the crash, the primary Plaintiff suffered a traumatic amputation of the dominant arm.
Fraudulent Transfer Finding
Evidence presented at trial also established a fraudulent transfer of property by the Defendant. A notary public testified that the Defendant and an additional Defendant, a family member, appeared at the notary’s office after Easter 2023—rather than on the date shown on the Grant Deed transferring the Defendant’s home. The notary testified that the Defendants requested the deed be backdated to an earlier date, specifically one day before the collision, and that the notary did in fact backdate the deed.
The deed was recorded eleven days after the crash. No consideration was paid for the transfer, and the Defendant continued living in the home following the transfer.
Plaintiffs asserted that the property transfer was a deliberate and fraudulent attempt to hinder or delay creditors once the Defendant realized the severity of the crash and potential liability. Plaintiffs argued both actual fraudulent transfer and constructive fraudulent transfer, citing the lack of consideration, the timing of the transfer, the Defendant’s continued possession of the property, and inconsistent testimony from defense witnesses.
The court found that the property was fraudulently transferred and voided the transfer as part of the verdict. As a result, the Plaintiff now has a judgment and an opportunity to collect from the at-fault driver.
Verdict Amounts
The court awarded the following damages:
Primary Plaintiff
- $428,500 — Past Medical Expenses
- $636,000 — Future Medical Expenses
- $657,000 — Loss of Earnings
- $3,500,000 — Non-Economic Damages
- $5,221,500 — Total
Second Plaintiff
- $6,200 — Past Medical Expenses
- $120,000 — Future Medical Expenses
- $50,000 — Non-Economic Damages
- $176,200 — Total
Third Plaintiff
- $4,000 — Past Medical Expenses
- $4,000 — Total
Fourth Plaintiff
- $1,000 — Past Medical Expenses
- $1,000 — Total
Total Verdict for All Plaintiffs: $5,402,700
Aaron Hicks is a civil trial attorney and founder of Hicks Law Firm, based in Orange County with offices in San Diego and Tennessee. His practice includes representing plaintiffs in personal injury cases including motor vehicle accidents, premises liability, dog bites and wrongful death. Mr. Hicks is and AV Rated attorney, Super Lawyer and is currently on the Board of Directors of the Orange County Trial Lawyers Association where he serves as 1st Vice President.
