BAKERSFIELD, Calif. (KGET) — A 2023 Bakersfield police crash that left a man dead and a woman severely injured is inching its way to trial in civil court.

A personal injury and wrongful death case wrapped up in one, the plaintiff’s attorney says this could be the biggest payout the city of Bakersfield has ever made.

The question in this case isn’t if Ana Hernandez was injured, it’s how injured was she.

“If you’re a passenger and you get t-boned by a car going impact speed 74 to 78 miles an hour that’s gonna cause some damage to your body,” said Daniel Rodriguez, a plaintiff’s attorney in the case.

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On Jan. 19, 2023, a police pursuit started on California Avenue, south of Edison Highway. Officers stopped the pursuit because it was unsafe, and the vehicle was spotted driving down Weedpatch Highway. Then came BPD officer Ricardo Robles, 24 at the time, who drove down Vineland Drive at speeds over 100 mph in hopes to catch up to the pursuit, but he did not have his overhead lights on.

He crashed into a Honda Accord carrying two Grimmway Farm workers heading home from work. 31-year-old Mario Lares died, but 36-year-old Ana Hernandez survived and suffered serious injuries.

Daniel Rodriguez, Hernandez’s attorney says the question to be answered in this case is how serious those injuries were to Hernandez.

“It’s enough to break almost every bone in your sternum, one of the hardest bones in your body. Your wrist, your arms. It’s also gonna do something to the brain which is a little more delicate than bone,” said Rodriguez.

At the case management conference on Tuesday, Rodriguez argued that MRI results showed Hernandez has bleeding on the brain, and needs professional help for the rest of her life because of this crash, in total, he’s seeking $9 million.

“Given the nature…how bad the injuries are and they’re permanent and lifelong,” said Rodriguez.

The defense says their case will last four days and their argument will be if Hernandez actually sustained a brain injury, and for the jury to accept a payout that is fair to Robles, the city, and the plaintiffs.

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