Marcela Mendonza v. Joseph Flores Beauchamp, Ronald Patterson, and Does 1 to 50
Published: Feb. 11, 2017 | Result Date: Oct. 13, 2016 | Filing Date: Jan. 1, 1900 |Case number: BC575100 Verdict – $125,000
Court
L.A. Superior Central
Attorneys
Plaintiff
Stephen K. McElroy
(Carpenter, Zuckerman & Rowley LLP)
Defendant
Deborah S. Tropp
(McNeil, Tropp & Braun LLP)
Facts
Marcela Mendoza sued Joseph Beauchamp and Ronald Patterson in connection with a collision between a motor vehicle and a bicyclist that allegedly occurred on May 15, 2013.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff was riding her bicycle along N. Palm Dr. in Beverly Hills. She stopped at a stop sign at Burton Way and, as she proceeded to cross the street, she was struck by defendant's vehicle. Plaintiff was thrown over the vehicle and landed on Beauchamp's trunk. Plaintiff was injured as a result and sued Beauchamp for negligence and the prior owner of the vehicle he was driving for vicarious liability. Defendant was allegedly driving without his lights on in the dark. Plaintiff contended that defendant should have seen her riding her bicycle, which had its lights on, but that defendant was not paying attention to his driving.
DEFENDANTS' CONTENTIONS:
Defendant contended that it was still light out when the incident occurred and, as such, he need not turn on his lights. Defendant blamed the whole incident on defendant, asserting that she should have seen him. Defendant also disputed the extent of plaintiff's claimed injuries, contending they were only minor.
Settlement Discussions
Mendoza demanded $125,000 in settlement, which Beauchamp countered with a $40,000 offer of settlement.
Damages
Mendoza claimed she would need future scar revision surgery and surgical hardware removal.
Injuries
Mendoza fractured various bones on her foot. She also sustained a hematoma and lipoma on her right thigh. She underwent surgery to repair the fractures and another surgery to remove a lipoma. Moreover, she was left with permanent scarring and disfigurement.
Result
Patterson was ultimately let out of the case and the matter proceeded against Beauchamp only. Ultimately, the jury found Mendoza 55 percent liable and Beauchamp 45 percent liable. It determined Mendoza's damages totaled $125,000, consisting of $45,000 in past economic damages, $10,000 in future economic damages, $50,000 in past noneconomic damages, and $20,000 in future noneconomic damages. After the offset, Mendoza was set to recover $56,250 from Beauchamp.
Other Information
FILING DATE: March 11, 2015.
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