Facts

On Oct. 10, 2003, at approximately 7:00 p.m., plaintiff's 29-year-old son was operating a Suzuki GSXR-1000 motorcycle northbound on San Gabriel Boulevard at the intersection of Duarte Road in Pasadena. Defendant, 17, driving a Toyota Highlander southbound on San Gabriel Boulevard, made a left turn in front of decedent's motorcycle, causing a collision. The motorcycle then impacted another vehicle. Plaintiff's son died as a result of the accident.

Many experts testified at trial as to such matters as accident reconstruction, vision science, motorcycles, as well as a percipient witness.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the defendant cut accross the double yellow lines from the left turn lane, beginning the turn prior to reaching the intersection, and at a time when decedent's motorcycle was close enough to constitute an immediate hazard. Plaintiff also contended defendant was traveling too fast and that at the time of the impact, the motorcycle had already traveled through the intersection and that the light was still yellow.

DEFENDANT'S CONTENTIONS:
Defendant contended that he began his left turn in the middle of the intersection, as the light turned from yellow to red, and that he did not see decendent's motorcycle approaching before the collision. Defendant further contended that decedent's motorcycle entered the intersection on a red light while speeding, and accelerated into the intersection. Defendant also contended that decedent's motorcycle lights were masked by other cars.

Settlement Discussions

Plaintiff Barbara Turner made a CCP Section 998 offer in June 2004 to settle for defendants' $100,000 in policy limits, which was extended, but then rejected by defendants' insurance carrier, Allstate. Defendants then made a CCP Section 998 offer in July 2005 to plaintiff to settle for defendants' $100,000 in policy limits, which plaintiff rejected, as she contended that the policy limits were opened and Allstate would be liable for any excess judgment.

Damages

General damages.

Injuries

Wrongful death of plaintiff's only son.

Result

Trial was bifurcated. The jury found for the plaintiff on liability and awarded her $2 million.

Other Information

Defendants filed a motion for new trial on the grounds of inconsistent verdict, failure to provide jury instructions, attorney misconduct, and juror misconduct. The motion was denied. Defendants also filed a motion to tax costs, which was granted in part as to $12,000 for trial graphics.

Deliberation

two days (liability), one day (damages)

Poll

12-0 (defendant's liability), 9-3 (damages)

Length

12 days (liability), two days (damages)