Facts

On Feb. 11, 2013, plaintiff Jennifer Rodriguez, 19, was riding as a right front seat passenger in defendant Tamara De La O Castro's 1992 Honda Civic. They were traveling northbound on Atlantic Ave. and were about to make a left turn onto westbound 59th St. in Long Beach. Defendant Maria Inciong was going northbound on Atlantic, in her black Chrysler Pacifica, in the number two lane approaching the intersection with 59th St. She had one passenger, Iris Villegas, a co-worker in the front seat.

Both Inciong and Villegas testified that they entered the intersection on a yellow light. Both vehicles were totaled.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that both defendants were responsible for the accident and caused her serious injuries. Photographs of the vehicle damage revealed significant impacts and there was considerable passenger space intrusion where plaintiff was sitting. She testified that this was a life-changing event. She still had inflammation in her hip when standing too long or sitting too long. It hurt to stand at work. She has a hard time working more than 20 minutes at a time.

Plaintiffs also contended that defendant Pedro Vera Vallagran was a co-owner and co-insured of the vehicle driven by defendant Inciong. Defendants Inciong and Vallagran stipulated to Inciong's permissive use of the vehicle and that in the event Inciong was found liable, that Vallagran would be jointly and severally liable for the award against Inciong.

Plaintiff testified that De La O Castro told her after the collision that De La O Castro made the left turn when the light was going from green to yellow. De La O Castro testified that she never saw Inciong's vehicle before the collision, because she never even looked down the lanes of oncoming traffic (including the lane in which the Inciong vehicle was traveling in) before she made her left turn.

DEFENDANTS' CONTENTIONS:
De La O Castro testified that she waited for the light to turn red and made a left turn never seeing the Inciong's vehicle. The impact occurred when De La O Castro proceeded with her left turn and the front of Inciong's vehicle T-boned the right passenger side of her vehicle. De La O Castro argued that Inciong was unfamiliar with the area where the accident occurred and was not paying attention and ran the red light at approximately 40 miles an hour and was 100 percent at fault for the accident. She also claimed that plaintiff was dancing at a club three months after the accident occurred and was able to work full time.

An independent witness testified that he slowed and stopped when the light turned red and one and a half to two seconds later another vehicle went by. He was not sure of the color of the light at the time the other vehicle went through the intersection but assumed it was red. Police officers testified and Officer Clay testified in her deposition that she gave Inciong a ticket for a red light but then changed her opinion at the deposition indicating that anyone that makes a left turn in front of another vehicle is at fault. She was unable to give testimony with regards to opinion at the time of trial based upon a 402 hearing.

Inciong alleged that the primary cause of the collision was De La O Castro's unsafe left turn.

Settlement Discussions

According to plaintiff, plaintiff demanded both parties' policy limits before suit was filed. No offers were made by either defendant, as both denied liability. After suit was filed, plaintiff made a CCP 998 demand for $350,000. Approximately 1 month before trial, both defendants offered their minimal policy limits. According to the defense, De La O Castro's policy limits of $30,000 were offered and Inciong's policy limits of $15,000 were offered. Plaintiff believed that the offers were not timely and that the lid was off both policies limits and filed a CCP 998 for $350,000 In his closing argument, plaintiff's attorney indicated that this was a life-changing event and that plaintiff needed future surgery, would have the pain the rest of her life and was unable to work full time the rest of her life and therefore, the verdict should be worth $3,000,000.

Specials in Evidence

$101,020.61 with a Medi-Cal lien of $23,000.

Damages

According to plaintiff, plaintiff's claim for future loss of earnings was $216,200, not in excess of 1 million. Plaintiff's past loss of earnings claim was $7,612. Zamorano testified that plaintiff's future surgery would cost $50,000. According to defense, plaintiff claimed she would never be able to work full time and therefore, had future loss of earnings in excess of $1 million. She worked for Ross Dress for Less and could only work four to five hours a day, three days a week. She alleged future sacroiliac joint surgery with total future surgery charges of $60,000. The jury was asked to award $2 million in plaintiff's opening statement.

Injuries

Plaintiff claimed injuries included comminuted right pelvic fracture, displaced comminuted sacral fracture extending to the right sacral iliac joint with pelvic hematoma, sacral neuroforamina, brain injury, left partial hyperdensity may represent punctate bleed, with vascular anomaly. Plaintiff was found unconscious by the paramedics in the passenger seat. Passenger space intrusion was noted and the Jaws of Life extricated her from the vehicle. She had a Glasgow Coma Scale of 14 at the scene. She was transported to Long Beach Memorial Hospital. She was assessed by the trauma surgeon who noted she was a restrained front seat passenger who got T-boned on her side of the vehicle. There was loss of consciousness and altered state of consciousness. A pelvic x-ray showed three fractures involving the right superior and inferior pubic rami. There was radiodensity over the hemipelvis and moderate asymmetry of the right SI joint. CT showed a superior left parietal hyperdensity, which represented a punctate bleed. It was noted that she had blunt trauma to the chest, abdomen, head, and a brain contusion to the left frontal lobe as well as a displaced comminuted sacral fracture extending to the right sacral iliac joint with pelvic hematoma. She was admitted to Intensive Care for observation and the head injury. A second CT of her head was obtained several hours later and showed an intracranial hemorrhage with a frontal lobe contusion. She did not remember the day of the week and she was classified as a 4 6 4 on entry to the Emergency Room. She was amnesic as to events leading up to the accident. Plaintiff also complained of blunt head trauma, open wound, hematoma, facial trauma, traumatic brain injury, neck pain, cranial injury, headaches and body pain, fatigue, coma, blunt trauma to the chest, and blunt trauma to the abdomen. On Feb. 13, 2013, Dr. David Zamorano, M.D., performed a closed reduction percutaneous screw fixation of the right sacral fracture. She was also seen by Dr. Cory Chakarun, M.D., who read a brain x-ray which indicated that it showed a superior left parietal hyperdensity that may represent a punctuate bleed or a vascular anomaly. A follow-up CT showed a small left frontal hemorrhagic contusion. She had a post-percutaneous pinning at the right SI joint and right pelvic rami fracture. Plaintiff was released from the hospital on Feb. 16, 2013. Plaintiff testified that she continues to have ongoing moderate to severe pain in her hip area and suffers from headaches and can only work four to five hours a day due to the pain in her hip area. Plaintiff was recommended for a follow-up sacroiliac surgery and possible spinal surgery for an L5 pars defect that may have been aggravated as a result of the subject accident. She also was going to have the pin removed or she was would be unable to have a natural childbirth.

Result

Plaintiff's verdict for $50,281 against Inciong. Defense verdict for De La O Castro.

Other Information

Plaintiff was awarded costs against Inciong and Vallagran. According to plaintiff, defendant De La O Castro violated his own in Limine ruling, which will form the basis of an appeal. EXPERT TESTIMONY: John Crews and Lorne Starks testified that the primary collision factor was De La O Castro's left turn. They also testified that Inciong entered the intersection on a yellow light and if she did enter on a red light. Plaintiff's doctor, David P. Zamorano, M.D., testified that plaintiff would have ongoing pain for the rest of her life since she was still having pain one year after the accident. She was a candidate for the sacroiliac surgery and possible back surgery. Defendant's expert Al Lowi, inspected the scene, obtained the traffic light reports, made numerous calculations, and used a computer program to testify that Inciong ran the red light and had plenty of time to stop at the yellow light but failed to do so. Defendant's medical expert Dr. Scott Forman testified that plaintiff had no pain and if she wanted the pin removed, he would have no problem with that. She did not need sacroiliac surgery and needed no further treatment and was able to work full time and had no restrictions on her recreation or work activities. FILING DATE: Nov. 19, 2013.

Deliberation

2.5 hours

Poll

10 to 2 (liability as to Inciong only), 12-0 (substantial factor as to Inciong only), 12-0 (damages)

Length

nine days