Case Background
On a clear afternoon on February 5, 2020, Stanislaw M. Gierczak traveled northbound on Del Rosa Avenue in San Bernardino, heading toward the 210 Freeway on-ramp. As he cleared the intersection at Date Street, he brought his Jeep Liberty to a halt behind a line of traffic waiting for a signal light. While he sat stationary, a white Nissan Sentra driven by Ana R. Ocampo-Bustos slammed into the rear of his vehicle. The force of the high-speed impact was so severe that it wedged the two cars together and shoved them thirty feet forward.
Cause
The collision occurred because Ocampo-Bustos failed to pay attention to the road. Evidence suggested she was driving significantly over the 35-mph speed limit estimated by Gierczak at 60 to 70 mph and did not attempt to brake before the crash. Moments after she regained consciousness, she was seen retrieving a cell phone from the floor of her car. She later reportedly admitted to Gierczak that she simply had not been paying attention.
Injury
The crash left Gierczak with devastating, long-term physical and neurological damage. He immediately lost consciousness and suffered from hypoxia and a severe concussion. Medical evaluations over the following years revealed a fractured skull and traumatic brain injury (TBI). He also sustained injuries to his spine and ribs, dislocated shoulders, and hip damage that might eventually require replacement surgery. His daily life became a struggle with memory loss, difficulty concentrating, constant ringing in his ears, and chronic headaches.
Damages Sought
Gierczak filed a lawsuit seeking compensation for his extensive losses. He requested payment for his hospital and medical expenses, as well as the wages he lost because he could no longer work. Beyond these financial costs, he sought general damages for his physical pain, mental suffering, and the loss of his ability to enjoy life. Because he alleged the insurance company acted in bad faith during the claims process, he also asked the Court for punitive damages to penalize what he described as malicious conduct.
Key Arguments and Proceedings
The legal battle lasted several years as Gierczak, acting as his own attorney, fought to prove the extent of his injuries and the negligence of the driver.
Legal Representation
Plaintiff: Stanislaw M. Gierczak
· Counsel for Plaintiff: Stanisiaw M. Gierczak | Pro Se
Defendant: Ana R. Ocampo-Bustos.
Counsel for Defendant: Dev D. Patel
Key Arguments or Remarks by Counsel
Gierczak argued that the driver’s distraction and excessive speed directly caused his life-altering brain and spinal injuries. He emphasized that the lack of skid marks proved Ocampo-Bustos never even looked up before the impact. He also leveled serious accusations against Loya Casualty Insurance Company, claiming they used "intimidation tactics" and provided "unreasonably low" settlement offers for his vehicle damage.
The defense, led by Dev D. Patel, filed a formal answer to the complaint. While the specific trial arguments were summarized through the verdict, the defense generally challenged the severity of the alleged injuries and the direct link between the 2020 accident and Gierczak’s ongoing health issues six years later.
Claims
Gierczak brought multiple legal claims, including motor vehicle negligence and general negligence against Ocampo-Bustos for her failure to operate her vehicle safely. He also included claims for intentional tort and collusion against the insurance company, alleging they intentionally interfered with his ability to get medical help and repairs.
Defense
The defense maintained that the accident was not as severe as Gierczak claimed. They pointed to the lack of a police report at the scene and argued that the Plaintiff could not prove all his medical issues stemmed from this specific collision. They also denied the allegations of bad faith, asserting that their handling of the insurance claim followed standard procedures.
Jury Verdict
The trial concluded on March 16, 2026, in Department S26 of the San Bernardino Superior Court. After reviewing the evidence regarding the speed of the impact and the medical documentation of Gierczak’s brain and spinal injuries, the jury reached a unanimous decision.
The jury found that Ana R. Ocampo-Bustos was negligent in the operation of her vehicle. They determined that her failure to pay attention to the road was a substantial factor in causing the harm suffered by Stanislaw M. Gierczak. The Court recorded the verdict in favor of the Plaintiff, confirming that the Defendant was legally responsible for the crash and the resulting damages. The jury awarded a total of $6,000 in damages, which consisted of $3,000 for past economic loss and $3,000 for past non-economic loss. No awards were granted for future economic or future non-economic losses.
This decision concluded the litigation and allowed the case to move toward the final assessment of the monetary award for Gierczak's medical bills and suffering.
Court documents are available upon request at [email protected]
