Facts

On Nov. 3, 2007, plaintiffs Keith Cunningham and Nicole Mezo were riding a motorcycle when a vehicle driven by defendant Virginia West turned left into the motorcycle's path. The motorcycle collided with West's car.

Cunningham and Mezo filed an action against West, alleging motor vehicle negligence. Mezo entered into a settlement prior to trial for $50,000 (policy limits).

Ultimately, West pled guilty to felony DUI and was sentenced to jail.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendant was on probation for a previous DUI conviction, was driving with her headlights off, was under pursuit by a California Highway Patrol officer at the time of the accident, and was driving with a blood alcohol content of 0.26 percent, which is over three times the legal limit.

DEFENDANT'S CONTENTIONS:
Defendant admitted responsibility and acknowledged that she was driving with a 0.26 percent alcohol level.

Settlement Discussions

On April 9, 2009, Cunningham demanded $200,000, via CCP 998. On Oct. 29, 2009, Cunningham demanded $50,000 (policy limits), via CCP 998. Both demands were rejected by the defense.

Damages

Cunningham sought $151,807 in past medical expenses and $17,500 in future medical expenses, as well as past and future non-economic damages.

Injuries

Cunningham sustained a fractured femur, requiring rod and screw placement, and a fractured right hand. He also suffered contusions, abrasions, memory loss, and emotional distress. Menzo suffered soft tissues injuries to her back, neck, and shoulder.

Result

On April 16, 2010, the jury awarded Cunningham $656,807, as follows: $151,807 for past medical costs, $17,500 for future medical costs, $305,000 for past physical pain and mental suffering, $180,000 for future physical pain and mental suffering, and $2,500 in punitive damages. On June 21, 2010, the court denied defendant's motion for new trial and awarded plaintiff $30,719 in costs and expert fees, pursuant to CCP 998, as well as interest on the entire judgment at a rate of 10 percent running from April 9, 2009. On August 18, 2010, the court denied defendant's motion to reduce the verdict to reflect amounts paid versus amounts incurred for treatment and granted plaintiff's motion for reasonable attorney fees, pursuant to CCP 1021.4, in the amount of $165,550. As of September 1, 2010, the total value of the judgment is $972,267.

Other Information

Mercury Insurance and California Automobile Insurance Co. were insurers. PLEASE NOTE: This is a corrected and updated republication. The original, erroneous report appeared in the Aug. 13 edition.

Deliberation

two days

Poll

11-1 (economic damages), 10-2 (non-economic damages), 9-3 (punitive damages)

Length

12 days