Charlotte Tilton, Kyle Tilton v. Southern California Gas Company
Published: Jun. 7, 2008 | Result Date: May 1, 2008 | Filing Date: Jan. 1, 1900 |Case number: BC367753 Verdict – $15,000,000
Court
L.A. Superior Central
Attorneys
Plaintiff
Spencer R. Lucas
(Panish Shea Boyle Ravipudi LLP)
Brian J. Panish
(Panish, Shea, Boyle & Ravipudi LLP)
Defendant
Facts
In 2005, plaintiff Kyle Tilton, now 17, was riding as a passenger in the family Chrysler sedan. The driver Charlotte Tilton, his mother, was making a left turn along state route 62 in Twenty-nine Palms when a pickup truck, owned by defendant Southern California Gas Company, ran a red light and struck the passenger side of the vehicle. Kyle was struck in the head by the door frame and pushed against a console so that almost half of his body was compressed. He suffered permanent brain injuries. The Gas Company driver, Darryl Whitley, admitted liability saying he did not see the light.
Contentions
DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff suffered a severe, traumatic brain injury but had made an excellent recovery with minimal residual cognitive defects.
Injuries
Kyle was in a coma for 24 hours and spent nine days in the hospital. He was diagnosed with closed head injury. He claimed to be cognitively disabled, to be suffering from impaired judgment and an inability to regulate his moods. Kyle also has a drooping left eye, partial facial paralysis and a six-inch scar on his head. Once an active teenager, he now suffers from depression, fatigue, anxiety and speech difficulties.
Result
The Superior Court jury awarded plaintiff approximately $15.1 million in compensatory damages ($10 million in past and future pain and suffering; $3,570,000 in future medical expenses and $1 million in future loss of earnings).
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