Case Background
Benjamin Mack filed a negligence lawsuit on November 7, 2023, against Iris Ruiz-Garcia, Beto and Sons Sealcoating LLC, and Rauel Fuentes Ramirez, arising from two separate car accidents.
Cause
The first accident happened on December 23, 2021, near the intersection of 181st and Division. Mack drove a van when Ruiz-Garcia pulled out of a gas station and crossed multiple lanes, T-boning his vehicle. The complaint alleged that Ruiz-Garcia drove at an excessive speed and failed to keep a proper lookout or maintain control of her car.
The second accident occurred on June 1, 2022, while Mack still recovered from his earlier injuries. A large commercial truck driven by Ramirez, hauling a heavy load at the time, rear-ended Mack's vehicle. The complaint alleged that Ramirez failed to keep a proper lookout before striking Mack from behind. Ramirez drove the truck as an employee of Beto and Sons Sealcoating LLC and within the scope of that employment, according to the complaint. Mack also alleged that Ramirez lacked proper licensing and training to operate the commercial truck, and that Beto and Sons knew or reasonably should have known this.
Injury
Mack suffered harm to the discs in his neck at levels C4-5 and C5-6 in the first accident, along with other injuries. The second collision aggravated those already-injured discs, causing severe harm in addition to other injuries. He later underwent surgery to replace two discs in his neck. Mack described ongoing physical and mental pain, discomfort, emotional stress, anxiety, and permanent disability tied to the two crashes.
Damages Sought
The complaint sought $167,338.26 in economic damages for past and future medical expenses and $750,000 in noneconomic damages. Of the economic damages, the complaint attributed $6,082.00 solely to Ruiz-Garcia's negligence, $6,649.05 jointly to Ramirez and Beto and Sons, and $154,607.21 jointly to all Defendants combined. Of the noneconomic damages, the complaint attributed $5,000.00 solely to Ruiz-Garcia, $5,000.00 jointly to Ramirez and Beto and Sons, and $740,000.00 jointly to all Defendants. The complaint stated that Mack intended to amend it later to add a claim for punitive damages against Beto and Sons over the licensing and training issue.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Benjamin Mack
· Counsel for Plaintiff: Samuel Pope
Defendants: Rauel Fuentes Ramirez | Beto and Sons Sealcoating LLC
· Counsel for Defendants: Michael A. Yoshida | Johnathon K. Carter
Key Arguments or Remarks by Counsel
Claims
Negligence Against Ruiz-Garcia
Mack claimed that Ruiz-Garcia failed to use due care, failed to keep a proper lookout, drove at an inappropriate speed, and failed to maintain control of her vehicle. He claimed this negligence directly and foreseeably caused his neck injuries and the resulting medical treatment and damages.
Negligence Against Ramirez
Mack claimed that Ramirez failed to use due care and failed to keep a proper lookout while driving the commercial truck. He claimed this negligence directly caused the aggravation of his neck injuries after the June 1, 2022, collision.
Negligent Retention and Supervision Against Beto and Sons
Mack claimed that Beto and Sons failed to ensure Ramirez held proper training and licensing to drive the commercial truck and failed to remove him from driving duties despite this. He claimed the company, as Ramirez's employer, held a duty to properly supervise him and confirm his qualifications, and that its failure to do so contributed to his injuries and damages incurred after June 1, 2022. He also claimed Beto and Sons remained vicariously liable for Ramirez's negligence as his employer.
Defense
Ramirez and Beto and Sons filed their answer on December 21, 2023, denying most of Mack's allegations. They admitted that Ramirez was involved in a motor vehicle collision with Mack on or about June 1, 2022. They also admitted that Ramirez was employed by Beto and Sons and was driving within the scope of that employment on the date of the collision. They denied that Mack was entitled to punitive damages and denied the allegations underlying the negligent retention and supervision claim.
The Defendants raised six affirmative defenses: failure to state ultimate facts upon which relief could be granted, comparative fault on Mack's part, fault of other parties outside their control, recovery of unreasonable and unnecessary medical expenses, failure to mitigate damages, and a reservation of the right to raise further defenses discovered during the litigation. They asked the Court to dismiss Mack's complaint, enter judgment in their favor, and award them costs and expenses.
Jury Verdict
The jury returned its verdict on June 26, 2025, in a proceeding captioned with Beto and Sons Sealcoating LLC and Rauel Fuentes Ramirez as Defendants. The verdict form stated that the Defendants admitted legal responsibility for the collisions and admitted that Mack suffered some injury in both crashes, while disputing the nature and extent of the injuries and damages he claimed.
On the question of negligence, the verdict form asked the jury to divide fault between Ruiz-Garcia and "Defendants Raul Fuentes Ramirez and Beto & Sons, LLC" as a combined unit. The jury assigned 25 percent of the negligence to Ruiz-Garcia and 75 percent to Ramirez and Beto and Sons Sealcoating LLC.
The jury awarded Mack $140,100 in economic damages and $30,000 in noneconomic damages. Juror #16 served as the presiding juror and signed the verdict form dated June 26, 2025.
Court documents are available upon request at [email protected]
