Facts

The accident occurred on Oct. 3, 2006, at the intersection of 47th Street West and Avenue R in Palmdale. Plaintiff James R. Duncan, age 74, was driving south on 47th Street West in a Kia Spectra. Defendant Anthony Grabher, age 24, was driving a 21-foot flat bed tow truck in the course and scope of his employment with Antelope Valley Towing Inc. Grabher was driving north intending to turn left to proceed west on Avenue R.

Grabher contended that he began his turn when the traffic light changed to yellow, which then turned to red as he was completing his turn. Duncan contended that the light was green for him as he entered the intersection. The impact was to the front end of the Kia and the right side middle of the bed of the tow truck. Each driver had an independent witness supporting his version of the accident. The impact was heavy.

Duncan died 2½ years after the accident. The complaint was amended to allege a survivor claim for the $650,000 in past medical bills. Duncan's three adult children filed a separate suit for wrongful death with both cases being consolidated.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that Duncan had a green light and the right of way when Grabher began to make his left turn. The three adult children alleged wrongful death contending that Duncan died from trauma caused in the accident.

DEFENDANT'S CONTENTIONS:
The defense contended that Duncan ran a red light. Defense claimed that Duncan did not die from trauma caused from the accident but rather, among other causes, heart disease, diabetes mellitus, dementia, and sepsis, which occurred from gangrene, all of which were unrelated to trauma. Further, the herniated disc in the cervical spine was from degenerative disc disease, which was not aggravated or exacerbated in the accident.

Settlement Discussions

The defense offered $100,000 in a CCP 998, which was rejected by the plaintiffs. The defense thought the case was settled at a voluntary settlement conference but the plaintiffs contended that there was not an agreement to settle for $100,000. There was no firm demand.

Specials in Evidence

$650,000

Damages

Plaintiffs claimed the medical specials of $650,000 were reasonable and necessary from the trauma in the accident. Defendant claimed the reasonable and necessary medical bills incurred as a result of the accident were approximately $330,000.

Injuries

Duncan suffered subdural hematoma requiring surgery, sternal fracture, cognitive impairment and a herniated disc in the cervical spine, which necessitated a cervical fusion performed by Dr. Abdallah Farrukh.

Result

Defense verdict on liability. The jury found that Anthony Grabher was not negligent when the accident occurred.

Other Information

The defense will be filing a memorandum of costs including CCP 998 costs and fees for expert witnesses. FILING DATE: Dec. 7, 2007.

Deliberation

1.5 hours

Poll

12-0

Length

six days