Facts

On Dec. 28, 2007, Alicia Rugley was the driver of a 2005 Ford Focus, which was the last car in a line of five to six cars stopped at a red light on the Orange Grove off ramp of the northbound 110 freeway in Pasadena. Her son Robert Culp was the backseat passenger, and her mother Bessie Rugley occupied the passenger seat. The car was impacted from the rear and propelled into the car in front.

Plaintiffs' vehicle was hit by a 1997 Chrysler Town and Country van driven by defendant Saul Delgado, age 20. The van was owned by defendant Philip Shouten, undergoing cancer treatments at the time of the accident. Delgado was a friend of Shouten. Shouten was homeless and lived in the van at the time of the accident. Delgado acted as a driver for Shouten and ran errands for him. On the day of the accident, Shouten was not in the vehicle but was in a care center.

Delgado claimed that as he exited 110 freeway at 65 mph, he attempted to slow the vehicle on the exit ramp but the brake pedal went to the floor and failed to activate the brakes. He tried to pump the brakes frantically, and to downshift the gears, to no avail. He then turned the van into the guardrail that goes up the inclined off ramp to cause friction and slow the van down. The van impacted plaintiffs' vehicle at speed. The seat frames of plaintiff's vehicle were broken, and the front seat occupants ended in the back seat on top of Robert Culp. Plaintiffs were taken to the hospital by ambulance.

Officer arrived at the scene and measured a skid mark from the front right tire of the Town and Country van that was 298 feet long. None of the other tires indicated any skid mark, which indicated that the brakes on three of the four wheels of the van did not engage. The skid mark indicated that Delgado had indeed impacted the guardrail with the right side of the van in an attempt to slow the van.

Shouten died of cancer after the accident and before trial and did not therefore testify. However, evidence was obtained in discovery that Shouten claimed to have had a brake job at defendant Aimm Auto Lube, 86 days and 7,576 miles prior to the accident. On this basis, plaintiffs Doed into the action defendant Aimm Auto Lube, as driver Delgado claimed the brakes failed causing the accident.

Delgado and Shouten settled plaintiffs' claims prior to trial.

During discovery, the brake experts on both sides examined the van, and noticed a windshield sticker which indicated that Shouten had obtained a lube service at Jiffy Lube seven days prior to the brakes going out on the van. As a result, plaintiffs Doed in Jiffy Lube into the action as a defendant.

At trial, plaintiffs presented testimony of Delgado, who claimed the brakes failed, and the testimony of the officer regarding the skid measurements for only one tire 296 feet long. Thereafter, plaintiffs' brake expert Thomas Lepper testified that he inspected the vehicle long after the accident and the inspection indicated a leak in the master cylinder, which caused the brake fluid to leak out. The subject brake system was a "dual" system, which provided a safety reservoir of fluid in such cases, which would operate the front side brake and the left rear brake. However, at the time of the accident, due to the leak, only the front right brake activated, as the left rear brake was severely worn and had been for years. Lepper testified neither the master cylinder nor the rear brakes were inspected or repaired by Aimm and that this was negligent. As a result, only one brake was working at the time of the accident, which explains the 296-foot skid mark.

Plaintiffs also presented evidence at trial that Aimm had no records of the brake job, as required by law, except for an invoice as to the price paid. Aimm had been bought one year before the brake job by defendant Tommy Siahann, who was not trained in auto repair. However, the purchased business came with mechanic Umblester Perez, who was experienced.

DEFENDANT'S CONTENTIONS:
At trial, Aimm presented the testimony of the mechanic who said the brake job was done properly, and that testimony of brake expert Thomas Wright who furnished the same opinion.

Aimm contended that it had been nearly 8,000 miles from the brake service to the date of accident, and during all these miles, Shouten had no complaint, and for this reason, Aimm was not liable. Alternatively, Aimm claimed that since Jiffy Lube inspected the brake fluid one week prior to the accident, any negligence was on the part of Jiffy Lube.

Jiffy Lube contended that the brake fluid was checked, and it was at a satisfactory level, but leaked out of the reservoir in the week prior to the accident.

Settlement Discussions

Plaintiffs made no offer prior to trial, as defendants refused to make an offer.

Specials in Evidence

$17,261 (Alicia Rugley), $1,587 (Robert Culp), 412,323 (Bessie Rugley) $12,000 (Alicia Rugley)

Damages

$29,376 (Alicia Rugley); $1,587 (Robert Culp); $17,323 (Bessie Rugley)

Injuries

Alicia Rugley, 39, employed in medical school administration suffered soft tissue injuries to neck and back. Robert Culp, 17, suffered soft tissue injuries. Bessie Rugley, 82, suffered two broken ribs.

Result

Plaintiffs' verdict for $111,207. The jury found that Aimm was 75 percent negligent for defective brake repair, and 25 percent against Delgado for speeding (65 mph in 55 mph zone). The verdict was adverse only to the co-defendant and not as against Jiffy Lube.

Other Information

Given the low amount of non-economic damages awarded in relation to the medical damages awarded, plaintiff made a post trial motion for additur, which was granted. Hon. Jan Pluim awarded an additional $25,000 damages to Alicia Rugley and an additional $20,000 of damages to Bessie Rugley for a total verdict of 54,376 for Alicia and $37,323 for Bessie. Plaintiffs made a motion to prove up fees due to Aimm's denial of liability in responses to Requests for Admissions, as liability was thereafter proven at trial. The motion was granted and plaintiffs' counsel was awarded $19,508 in fees and costs to prove up liability at trial. Following the granting of the post trial motions, the total verdict on the case was $111,207. INSURER: Aimm was insured by Farmers Insurance Company. FILING DATE: June 12, 2008.

Deliberation

five hours

Poll

11-1 (liability), 12-0 (damages)

Length

five days