Facts

On Dec. 8, 2010, Esmeralda Robles, 17, was being transported from the Imperial County Juvenile Hall to the Phoenix House, a substance abuse rehabilitation and mental health treatment center, in Descanso. While the operator of the van transporting Robles was driving on the I-8 freeway on-ramp at 4th Street, Robles took off her seat belt and opened her passenger door. Plaintiff claimed that Robles then asked the third row seat passenger if she would get hurt if she jumped (a statement not heard by the other two people in the van) and shortly before jumping she kneeled in the open doorway and then dove out "as if diving into a pool." Robles jumped out of the moving van to her death.

Decedent's mother, Angelica Vargas, sued Phoenix Houses of California Inc. and the County of Imperial alleging motor vehicle negligence, general negligence, and wrongful death in connection with the death of her daughter.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that instead of pulling over, the driver proceeded to drive at freeway speeds and called 9-1-1 to report what was happening. The driver continued to drive for about two minutes and 46 seconds even if it was clear that the decedent was standing near the open door. The decedent's body was found on the freeway at Austin Rd. She died from blunt force trauma to the head as confirmed by the coroner. Although the decedent was not suicidal, plaintiff claimed that defendants were liable for her death for being negligent in the care of the decedent.

Plaintiff contended that Phoenix House was negligent through its driver for failing to use child safety locks on the van. Plaintiff also contended that the driver was negligent in failing to immediately stop the vehicle after the decedent opened the door, causing the decedent to get sucked out of the vehicle and into the freeway.

DEFENDANT'S CONTENTIONS:
Defendant Phoenix House contended that the decedent willingly got into Phoenix's House's vehicle, buckled her seat belt, and gave no indication that she was suicidal. The vehicle traveled on city streets through multiple stop signs before reaching the Interstate 8 freeway. During that time, the decedent made no effort to exit the van, nor did she make any statements regarding her intent to leave the van. In short, nothing was amiss.

Then, upon turning onto the on-ramp, the decedent took off her seat belt and opened the vehicle's door. While the van was moving at freeway speeds, the decedent then dove out of the back seat, onto the freeway, and into her death.

Settlement Discussions

Shortly after the filing of this complaint, Vargas made a $5 million policy limits demand and later served a CCP Section 998 demand to settle for $999,999. At closing, Vargas sought $2.7 million in damages. Months prior to trial, Phoenix Hosue made a CCP 998 offer for $100,000, but Vargas did not respond.

Damages

Vargas sought damages for loss of wages, medical costs, general damage, property damage, and other damages.

Result

The jury determined that the driver, Luis Duenas, was negligent and caused Vargas' harm. As such, the jury awarded Vargas $300,000 in damages. However, the jury also found the decedent negligent, and found the decedent 77 percent liable for her own death and Vargas' damages were reduced to $69,000. Phoenix House was able to recover costs against Vargas in the amount of $18,236 due to Phoenix House's CCP 998 offer of $100,000.

Poll

10-2 (driver was negligent), 12-0 (decedent was negligent), 11-1 (damages)