Facts

Plaintiffs Jocelyn Hernandez, age 2.5, by and through her Guardian Ad Litem, Debbie Castaneda, Jocelyn's mother, and Marta Hernandez, the decedent's mother, sued the County of Los Angeles and Sheriff Deputy Ted Broadston for the death of Jocelyn's father, Randy Hernandez, age 20, for wrongful death as result of a car accident. Randy Hernandez and Jocelyn's mother Debbie Castaneda were not married. Randy Hernandez lived with his mother Marta Hernandez while Jocelyn lived with Debbie Castaneda.

The uniformed Deputy Broadston was driving to his work station in a Sheriff's unmarked Crown Victoria on the southbound 110 Freeway adjacent to the Staples Center when he came upon an accident that had happened on February 28, 2010 just shortly before 5:40 a.m. It was still pitch dark. The Land Rover being operated by the decedent had impacted with a parked or slowing down Cadillac, which had a flat right rear tire. This first accident happened in the number one lane causing the Land Rover to spin out and end up facing northbound traffic with its headlights pointing in the opposite direction of traffic. Both vehicles were stalled and/or immobile and were in the number 1 lane when the second impact occurred. As the deputy approached in the number 1 lane, he testified that he did not see the Cadillac which was about 150 feet (212 feet per plaintiffs' expert) closer to southbound traffic than was the Land Rover. Eyewitnesses testified that the Cadillac probably had its flashers on.

Defense experts testified that the headlights from the Land Rover "washed out" the Cadillac so that it was not visible until it was too late to avoid the impact.

The deputy testified that he was traveling at about 55-60 mph just before impact having looked at his speedometer about 1-3 seconds before impact. Upon impacting the Cadillac, his airbag deployed immediately in the Crown Victoria and because the left front tire of the vehicle was sheared towards the left, the vehicle went hard to the left and into the concrete "jersey" barrier (median wall) where both the decedent and the driver of the Cadillac (Lauderdale) were standing exchanging information and waiting for help to arrive. 911 had been called by the decedent before the second impact.

There was a dispute as to whether the two men were standing on the small median between the stalled Land Rover towards its rear and the Jersey barrier or whether they were in front of the Land Rover thinking they were protected by the Cadillac about 150 feet northbound of their location with the headlights of the Land Rover illuminating them. Regardless, as the Crown Victoria cleared the Cadillac, it headed straight towards the two men and killed the decedent and fractured the ankle of the driver of the Cadillac who was either thrown or jumped over the 5.5 feet wall and into the median of the northbound 110 Freeway. The Crown Victoria completely missed the Land Rover. Experts for both plaintiffs and the defense agreed that if Mr. Hernandez had stayed inside his Land Rover he would not have been killed.

After the Crown Victoria had struck and killed Mr. Hernandez a pickup truck driven by Frank Marin approached the scene. The pickup truck also struck the Cadillac but avoided the Land Rover. Mr. Marin was driving 55-60 mph and also stated that it was impossible to see the Cadillac and the Land Rover until it was too late.

The California Highway Patrol did an investigation that included its MAIT team that ultimately determined that the deputy was traveling at a minimum of 75 mph at the time of the impact. The case was referred to the District Attorney's Office for possible prosecution for manslaughter but the District Attorney declined to prosecute.

Plaintiffs' expert had the sheriff's vehicle going 82 mph at the time it hit the right rear of the Cadillac at full speed.

The Deputy testified that he never hit his brakes or swerved prior to impact.

The defense accident reconstruction expert said that based upon his accident reconstruction, he thought that the Crown Victoria was traveling at about 55-60 mph, consistent with the testimony of the deputy.

Over the objections of the plaintiffs, defendants were permitted to introduce evidence of Mr. Hernandez's post mortem toxicology report which showed traces of marijuana in his blood stream. Defendant's expert testified that the toxicology report showed that at the time of his death Mr. Hernandez was impaired by marijuana use. Plaintiff's expert testified that the marijuana levels were extremely low and did not demonstrate impairment.

PLAINTIFFS' CONTENTIONS:
Jocelyn Hernandez and Debbie Castaneda contended that Randy Hernandez saw Jocelyn once a week and during holidays. He also called Jocelyn every night before she went to bed. He also contributed approximately $300 a month in support to Jocelyn.

Marta Hernandez claimed that she was financially dependent on the decedent at the time of his death in order to quality as a plaintiff under the California wrongful death statute.

DEFENDANTS' CONTENTIONS:
Defendants claimed that Marta Hernandez was not dependent on Randy Hernandez and therefore not a proper party to the case, that Randy Hernandez did not make enough money to provide Marta Hernandez her claimed level of support, and that Marta Hernandez did not have objective evidence to support her claims of support.

Defendants contended that Mr. Hernandez disobeyed the instructions of the 911 operator when he exited his vehicle and that Mr. Hernandez refused to follow a warning by the CHP to get back inside his vehicle.

Defendants argued that Marin's collision with the Cadillac was proof that no reasonable driver could detect and avoid the Cadillac.

Defendants claimed that the CHP and MAIT investigation was flawed as a result of numerous errors committed by the CHP officers.

At trial, defendants argued that the County was not liable and argued that all liability should be placed on the driver of the Cadillac Eric Lauderdale and/or Randy Hernandez. Defendant argued that if the jury was to find liability against the County, liability should be limited to 10-20%.

Settlement Discussions

One week before trial, plaintiffs demanded $8.75 million at the mandatory settlement conference. Defendants offered $250,000 to Jocelyn and $35,000 to Marta Hernandez.

Damages

Marta Hernandez claimed lost support (per the economist) from a low of about $5,000 to a high of $131,000. Economic damages were waived as to Jocelyn Hernandez. Both Jocelyn Hernandez and Marta Hernandez sought non-economic damages for loss of love, care, comfort, society, and moral support.

Result

Defendant County was found liable for the death of Randy Hernandez (Vote 11-1). On a vote of 9-3 liability was apportioned as follows: County 51 percent, Lauderdale 35 percent, and Hernandez 14 percent. On a 9-3 vote, the jury found that Marta was not a dependent of Randy Hernandez and granted a defense verdict as to her claim. The jury awarded Jocelyn Hernandez $550,000 for past and future non-economic damages. Deputy Ted Broadston was dismissed without prejudice just before trial began.

Other Information

FILING DATE: Dec. 3, 2010.

Deliberation

11 hours

Length

18 days