Facts

On Oct. 21, 2004 at 4 p.m., plaintiff Cindy Urrutia stopped at a red light on Mariondale Ave. where it intersected with Valley Boulevard in Los Angeles. Defendant Raul Almanzan, who was going east on Valley Blvd., struck defendant Wendy Macia as she turned left onto Mariondale. This propelled Macia's car into plaintiff's. The plaintiff sued defendants and Ana Rosa Cabrera, the owner of Macia's car, for motor vehicle negligence. The plaintiff settled with defendant Almanzan for $15,000 (policy limit) prior to trial.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendant Macia was primarily liable for the accident.

DEFENDANT'S CONTENTIONS:
The defendant denied liability. An eyewitness testified that Almanzan sped past vehicles on Valley Boulevard before entering the intersection and colliding with defendant's car. The eyewitness also testified that Almanzan sped up and veered to the right in an attempt to pass in front of Macia's turning vehicle.

Specials in Evidence

$5,190 for chiropractic care and $7,659 for medical treatment and testing.

Damages

The plaintiff sought over $200,000 in specials and general damages. This included over $100,000 in future medical costs.

Injuries

The plaintiff sustained soft-tissue injuries to her neck and shoulder.

Result

The jury found defendant 65 percent at fault for the accident and awarded Urrutia $65,804 in damages. After discounting the settlement with Almanzan from the judgment, defense counsel calculated plaintiff's total recovery to be just more than $36,000. Following the trial, plaintiff's counsel filed a motion for prejudgment interest and presented a cost bill of $32,233. The defense countered with a motion to tax costs. Before the court determined the motions, the parties agreed to a $67,500 settlement. When combined with the $15,000 paid by Almanzan, Urrutia's recovery totaled $82,500.

Other Information

Insurer: Infinity for Macia and Cabrera; Hudson for Almanzan.

Deliberation

four hours

Poll

10-2 (liability), 9-3 (damages), 10-2 (apportionment)

Length

seven days