This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Auto v. Auto
Rear-End Collision

Ida Christina Cruz Fua v. Joel Enrique Andino Sanchez, Caroline Miller, Taxi Equipment Leasing LLC, San Francisco Independent Taxi Association, Yellow Cab Cooperative Inc., and Does 1 through 50, inclusive

Published: Jul. 25, 2015 | Result Date: Jun. 24, 2015 | Filing Date: Jan. 1, 1900 |

Case number: CGC-11-515542 Verdict –  $10,753,600

Court

San Francisco Superior


Attorneys

Plaintiff

Todd P. Emanuel
(Emanuel Law Group)

Deirdre O'Reilly Marblestone
(Emanuel Law Group)


Defendant

Robert S. Aaron
(Aaron & Wilson LLP)

Timothy C. Wilson


Facts

Ida Fua filed a complaint against Joel Sanchez, Taxi Equipment Leasing LLC and Yellow Cab Cooperative Inc., in connection with a motor vehicle accident.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff was a passenger in a taxicab driven by Sanchez when it was involved with a motor vehicle accident. She was injured as a result and sued Sanchez and the owner, operator of the taxicab defendants Taxi Equipment and Yellow Cab. Plaintiff asserted claims for negligence, negligence per se (violation of Vehicle Code Section 22350) negligence per se (violation of Section 17150) and alter ego theory of liability. Plaintiff claimed that Sanchez was not paying attention as he was driving the taxicab. As a result, he rear-ended the vehicle ahead of him.

DEFENDANTS' CONTENTIONS:
Defendants Taxi Equipment and Yellow Cab denied plaintiff's allegations and asserted various affirmative defenses.

Injuries

Fua claimed he sustained traumatic brain injury and left hemiparesis.

Result

The jury rendered a verdict in Fua's favor and awarded her $10,753,596 in total damages, including $860,000 in lost earnings, $291,419 in medical expenses, $4,165,000 in lost earning capacity, $750,000 in medical expenses, $3,687,177 in attendant/companion care, $660,000 in past noneconomic loss and $340,000 in future noneconomic loss. The jury then attributed 75 percent fault to Sanchez and 25 percent to Fua. Fua's recovery will be subject according to that offset. The jury found Yellow Cab responsible for the negligence of the defendant driver Sanchez based on ostensible agency.

Other Information

According to plaintiff, the alter ego (pierce the corporate veil) issues will be decided at a bench trial in October.


#115686

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390