Facts

On Saturday, Dec. 28, 2013, at 10:00 p.m., plaintiff Zachary Peacock, a 28-year-old, single, tattoo artist and semi-professional skate boarder, was riding his 1981 Yamaha 650 motorcycle. Plaintiff was traveling southbound on Hermosa Ave. in the number one of two southbound lanes, at roughly 35 mph. At the same time, defendant Ernesto Al Quellar Monterrosa, 31, a truck driver for defendant FNS Inc., was stopped in his 1997 Freightliner semi-tractor in the center left turn lane of northbound Hermosa. As plaintiff approached Monterrosa's stopped semi-tractor, plaintiff swerved and braked, but plaintiff was unable to avoid a collision with the semi-tractor. Plaintiff struck the semi-tractor at 25 mph.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that Monterrosa started to turn left in front of him when it was unsafe to do so. Plaintiff claimed that he swerved and braked in a reasonable fashion, and that the collision was unavoidable. Plaintiff alleged that Monterrosa was solely responsible for the collision, and that since Monterrosa was driving his semi-tractor for FNS Inc., FNS Inc. was vicariously responsible for Monterrosa's negligence.

DEFENDANT'S CONTENTIONS:
Defendants alleged that plaintiff lost control of his motorcycle as he was speeding and riding recklessly as he approached Monterrosa's stopped semi-tractor. Defendants denied that Monterrosa ever started a left turn as alleged by plaintiff, but even if he did start his turn, plaintiff had enough time to brake and turn to avoid defendants' semi-tractor. Defendants alleged that plaintiff's neglect was the sole cause of the collision.

Settlement Discussions

Plaintiff demanded $750,000 at mediation, which was later lowered to CCP 998 of $600,000 and then later lowered again to CCP 998 of $350,000. Plaintiff demanded $2.5 million from the jury, which included $1 million for future medical bills, $500,000 for past pain and suffering, and $1 million for future pain and suffering. Defendants offered $100,000 at mediation, followed by a CCP 998 offer of $100,001. At trial, plaintiff again asked the jury to award $2.5 million. At trial, defendants asked the jury for a defense verdict, but they also argued that plaintiff's damages should only be valued at $187,000, which included $37,000 for future medical bills, $100,000 for past pain and suffering and $50,000 for future pain and suffering. At mediation with Gary Donovan of Judicate West, plaintiff demanded $750,000 and defendant offered $100,000.

Specials in Evidence

$988,000

Injuries

Plaintiff sustained an open, comminuted fracture of his left femur, comminuted fractures of his left radius and ulna, a comminuted fracture of his left olecranon, a complete ACL tear, and numerous lacerations and contusions. He was transported by ambulance to Arrowhead Regional Medical Center, where he had open reduction with internal fixation surgeries to correct all of his fractures. He was discharged seven days later. He was initially bedridden, and then was forced to use a wheelchair and a walker for about three weeks. He then received physical therapy and he still treats with an orthopedist, Dr. Babak Samimi. Dr. Samimi testified at trial that plaintiff would need future care and surgeries to repair his torn ACL, to later replace his knee, to remove the surgical hardware in his femur and olecranon, and to address his future arthritic changes, all at a cost of $988,000. Plaintiff also missed about five months of work as a tattoo artist, and plaintiff testified that his work life has been shortened due to his injuries. Lastly, plaintiff was a semi-professional skateboarder on the verge of becoming professional, and that he can no longer live this dream due to his injuries. Defendants admitted that all of plaintiff's fractures were caused by the accident, but they denied that the ACL tear was from the accident. Defendants also admitted that all past treatment was reasonable and necessary. As to future care, defendants argued that although some hardware removal was reasonable and necessary, plaintiff's other proposed future care was not. Defendants agreed that future reasonable and necessary care would total only $37,000.

Result

Defense verdict.

Other Information

FILING DATE: Jan. 27, 2015.

Deliberation

two hours

Poll

10-2 (negligence)

Length

seven days