Facts

On Aug. 27, 2012, plaintiff Julio Huayanca, 84, was crossing the street in a designated crosswalk when a Southland Transit Inc. bus struck him. The bus knocked plaintiff to the ground and pinned his right leg under the front driver side wheel. Plaintiff was transported by helicopter to LAC/USC Medical Center. Although hospital staff originally tried to salvage the right leg, it was eventually amputated below the knee. Plaintiff remained hospitalized at LAC/USC Medical Center until Nov. 1, when he was transferred to Rancho Los Amigos Rehabilitation Center where he remained until Nov. 22, when he was transferred to Rowland Convalescent Hospital where he remained until the date of the trial.

Prior to the accident, plaintiff lived independently and was self-sufficient. He performed all of his own cooking and cleaning, ran his own errands and lived an active lifestyle.

Plaintiff brought a personal injury case against Southland Transit Inc.

PLAINTIFF'S CONTENTIONS:
One month before the trial, plaintiff amended his complaint to include a claim for punitive damages. Plaintiff's motion was based on Southland Transit driver's history of accidents prior to August 2012, as well as his personnel file, which showed he had not received the Department of Transportation or the company required training since his date of hire in 2006.

Huayanca argued that Southland Transit was responsible for the negligence of the bus driver that had hit him. The bus driver had also been involved in three accidents in the previous six years, and had not received adequate training.

DEFENDANT'S CONTENTIONS:
Southland Transit admitted liability and causation for the accident, but disputed damages. Defendant argued that plaintiff's cognitive difficulties and depression were pre-accident. They also contested plaintiff's life expectancy.

Defendants also contested the punitive damage allegations.

Damages

Plaintiff claimed past medical expenses in the sum of approximately $545,000 as well as future medical expenses, which included round the clock nursing care. Plaintiff claimed he had an estimated eight years of future life expectancy given his health prior to the accident as well as the age at which his mother and father died (92 and 95 respectively). Plaintiff claimed past and future non-economic damages for the loss of leg as well as past and future medical care.

Injuries

As a result of plaintiff's injuries, he lost his right leg below the knee, was primarily bound to a wheelchair and was forced to live in a nursing home where he could receive assistance with the activities of daily living. Although he received a prosthetic leg, due to this age and physical condition, he was not able to use the prosthesis for long periods of time and remained wheelchair dependent. He also suffered from anxiety, depression and some cognitive difficulties.

Result

The jury came back with a verdict of $17,120,662 for the compensatory phase of the trial. The jury awarded $545,944 in past medical expenses (stipulated); $3,574,718 in future medical expenses; $5 million in past non-economic damages; and $8 million in future non-economic damages.

Other Information

The trial was bifurcated and the compensatory phase lasted five days. Defendant filed a motion for nonsuit on the punitive damage claim. Plaintiff opposed the motion and filed an opposition detailing every single act in the driver's six-year employment period, which constituted malice on behalf of Southland Transit. The court denied defendant's motion. The jury also found Southland Transit Inc. committed malice by a 12-0 finding. Shortly before the jury read the verdict, the parties came to a hi/low agreement where plaintiff would receive $15 million as a high and $7 million as a low no matter what the verdict. In exchange, defendant would waive any appeal. Defendant had insurance totaling $15 million.

Deliberation

one day