Gomez v. All"N" LAll Charters, et al, and related case, Simental et al v. All"N"All Charters, etc. et al

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OUTCOME: The Gomez action was dismissed after requests for admissions were deemed admitted and before a motion for summary judgment was made. The Simental action was dismissed on the eve of trial.

Defendant’s tour bus was traveling 65 MPH on I-40 from Las Vegas to Los Angeles when the left front tire went flat. The bus driver skillfully drove the vehicle into the center median that was level wit ... h the roadway. Twenty three out of forty eight passengers claimed they sustained serious and permanent injuries. Many of the plaintiffs claimed they were dislodged from their seats and thrown about the bus. Both actions were consolidated. None of the passengers complained of injuries and did not seek medical treatment until they were represented by an attorney. Surveillance of the three medical clinics revealed more than 200 patients were seen on any given day during the investigation. Defense medical expert confirmed the medical records failed to contain reliable, credible objective clinical documentation as to the reasonableness or necessity for the volume of care provided that did not comply with the guidelines for the practice of Chiropractic in the State of California. Defense experts opined the forces involved were minimal and that the motion of the bus produced vertical forces less than one body weight that was insufficient to cause injury. The total settlement demand for all plaintiffs was $264,000. Both cases were referred to law enforcement as suspected fraudulent claims. The defendant’s insurance company refused to settle and wanted to go to trial.