Facts

Plaintiff Mercy Zamora, a San Francisco parking control officer, was injured when the Cushman vehicle she was operating as part of her job lost its brakes on city streets and collided into the rear of a stopped van.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that the Cushman defendants' vehicle was defectively designed, based on the fact that the vehicle contained only a single circuit master cylinder, as opposed to a dual circuit system, and no brake fluid failure indicator, in violation of Federal Motor Vehicle Safety Standards and sound engineering concepts. She also claimed that the Cushman vehicle's design was not crashworthy. She further claimed that the front wheel cylinder installed in the vehicle, manufactured by Affinia/BPI, broke prior to the incident due to defective and negligent manufacturing.

DEFENDANTS' CONTENTIONS:
Affinia/BPI argued that the wheel cylinder broke as a result of the collision, not prior to collision, and that there was no manufacturing defect in its product. The Cushman defendants argued that its vehicle adhered to applicable Federal Motor Vehicle Safety Standards in that it had two independently actuated braking systems (the single circuit master cylinder and a parking brake.) Both Affinia/BPI and the Cushman defendants argued that mechanics of the city and county of San Francisco failed to adequately maintain and/or repair the vehicle, which plaintiff herself had taken out of service some two months prior to the accident due to faulty brakes. This was based on the wheel cylinder being over-torqued prior to the accident to the point of weakening and cracking the cylinder. Affinia/BPI further argued that the city mechanics had under-torqued the master cylinder when it was installed, causing it to slowly leak brake fluid some two months prior to the accident.

Settlement Discussions

Plaintiff served C.C.P. section 998 offers of $2,000,000 to Affinia/BPI and $2,500,000 to the Cushman defendants. Affinia/BPI served plaintiff with a 998 offer of $0 plus a waiver of costs. The Cushman defendants offered $100,000 before trial.

Damages

In closing argument plaintiff's counsel asked the jury to award several million dollars in special and non-economic damages, including more than $3,000,000 in future pain and suffering alone.

Injuries

Plaintiff sustained pelvic fractures, orthopedic injuries to her hand and knee, lacerations to her head, chin, liver, and vagina, and had an ovary and parts of her intestine removed surgically. She further claimed major depression, post-traumatic stress disorder, and mild traumatic brain injury. She claimed to have been unable to return to her job as a meter maid or to any other non-sedentary job. According to plaintiff's attorney, she admitted to having completed several 5K walks/jogs during the months prior to the trial. According to defense attorney, plaintiff completed 10K runs. Lastly, according to plaintiff's attorney, only plaintiff's claimed brain injury was in contention.

Result

The jury deliberated for two days and returned a complete defense verdict for Affinia/BPI on July 18, 2008. As to the remaining defendants, the jury awarded plaintiff a total of $1,595,000.00 ($150,000 in past lost earnings, $295,000 in past medical expenses, $500,000 in future lost earnings, $150,000 in future medical expenses, $500,000 for past non-economic damages, and $0 for future non-economic damages.) The jury found the Cushman defendants 37.5 percent responsible, the city and county of San Francisco 57.5 percent responsible for plaintiff's injuries, and plaintiff herself 5 percent responsible. Affinia/BPI was found 0 percent responsible. According to plaintiff's attorney, the net verdict amounted to $1,227,750 due to Proposition 51 offsets against defendant CCSF.

Deliberation

1.5 days

Length

17 days