Facts

Plaintiff Francisco Flores was driving a 2002 Suzuki XL-7, with plaintiffs Ramon Ramos, Amparo Trujillo and Maria Villapando, as his passengers, when they were rear-ended at highway speeds of approximately 50 mph by defendant Leobardo Zirangua, who was driving a Ford Explorer.

Plaintiffs also sued American Suzuki Motor Corp., claiming product liability.

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged the front seats collapsed into the back seats as a result of the impact. All plaintiffs were transported to hospital from the scene with various injuries.

Plaintiffs claimed that the Suzuki vehicle had a product defect and that the front seats failed to absorb the impact, collapsed into the back seats casing injuries to the rear end passengers, Amparo Trujillo and Ramon Ramos.

DEFENDANTS' CONTENTIONS:
Zirangua admitted fault for the accident but disputed the nature and extent of plaintiffs' injuries. Defendant presented expert testimony from Dennis Malkasian, M.D., neurosurgeon, disputing diagnosis of a subdural hematoma and residual traumatic brain injury by Flores.

Settlement Discussions

Plaintiffs demanded $3 million prior to trial. Defendants offered $30,000 (policy limits).

Specials in Evidence

$8,000 $400,000 $3 million

Damages

Flores claimed that he was a wholesale car purchaser earning approximately $120,000 per year and has been unable to earn a living as result of his traumatic brain injury. Defendants disputed plaintiff's loss of income.

Injuries

Flores claimed he suffered a traumatic brain injury and alleged subdural hematoma. He was treated at UC San Diego Medical Center, released and sought subsequent care with a neurologist and chiropractor for soft tissue neck and back injuries. Flores also claimed posttraumatic stress disorder, testified to by Dr. Vino Valdivia, a neuropsychologist. Ramos claimed he suffered a fractured ankle as well as soft tissue injuries to neck and back that was treated by a chiropractor. Trujillo claimed she suffered a traumatic brain injury and sustained a major laceration to her head resulting in 38 staples. She had follow up medical treatment with a neurologist and a chiropractor for head, neck and back soft tissue injuries. Villapando claimed she suffered soft tissue injuries to her neck and mid and lower back and received emergency treatment at Scripps Hospital, and subsequent chiropractic care.

Result

Prior to trial plaintiffs settled with defendant American Suzuki for a global sum of $54,000. Plaintiffs' verdict for $84,300, as follows: $51,500 to Flores, $9,900 to Ramos, $12,500 to Trujillo, and $10,400 to Villapando, against Zirangua.

Other Information

FILING DATE: May 18, 2012.

Deliberation

five hours

Length

eight days