Facts

On Nov. 23, 2014 at 9:48 a.m., a City of Monterey Park employee, Matthew Contreras, was driving a Ford F-350 pick-up truck. Wen Zhao Ruan, 89, was walking in the crosswalk at the intersection of Ynez Ave. and Newmark Ave. in the City of Monterey Park when he was struck by Contreras. Wen Zhao Ruan died approximately eight hours later at L.A. County USC Medical Center.

The city employee was subjected to drug testing at the city's request, and he tested positive for carboxy-THC in his urine post-accident. Early in the discovery phase of the case, the city stipulated to liability on the part of the city and employee.

At the commencement of trial, the parties stipulated to dismiss the employee as a named defendant (and any claim for punitive damages), on the condition that no evidence of the decedent's prior health conditions be offered into evidence. Decedent's medical condition included early dementia and other conditions. It was further agreed that the decedent had a life expectancy at the time of the accident of 4.5 years additional years.

Plaintiffs were the five adult surviving children of the decedent. Two were residents of China and one Australia.

PLAINTIFFS' CONTENTIONS:
Plaintiffs asserted causes of action for wrongful death, negligence, negligence per se, and survival action.

DEFENDANT'S CONTENTIONS:
Defendant admitted liability at trial on damages only. The defense argued that given decedent's age of 89, and remaining life expectancy of 4.5 additional years, that a more reasonable verdict should be $262,500 for each plaintiff for a total of $1.3 million.

Settlement Discussions

Plaintiffs had presented a non-negotiable $5 million demand at mediation and during the pendency of the case. The defense had offered $1.5 million (statutory offer to compromise). No further settlement discussions had taken place.

Result

Plaintiffs' verdict for $2 million ($400,000 for each plaintiff).

Deliberation

3.25 hours

Length

eight days