Facts

On May 11, 2005, plaintiff Sue Ann Reynolds, a 40-year-old school counselor, was driving an SUV westbound on Olive Avenue in Redlands. Defendant Marilu Saltzmann Covani, a nun, was driving an SUV, which was owned by the Sisters of Providence in the same direction on the same roadway, but about six car lengths ahead of Reynolds.

Covani, who was going to a dentist's office, slowed down and moved to the right curb. She then made a U-turn, Reynolds took evasive action and the left front of Covani's vehicle struck the right rear of Reynolds' SUV, causing the SUV to fishtail into the eastbound lane, where it was hit head-on by a pickup truck.

Covani parked her car near the dentist's office, walked about 200 feet to the scene of the accident and then walked back to the dentist's office. Soon thereafter, Reynolds described Covani's SUV to the investigator while in the ER, and police found the parked SUV and ultimately Covani, who was still in the dentist's office.

Claiming physical injuries and economic damages, Reynolds sued Covani and the Sisters of Providence for motor vehicle negligence. The driver of the pickup truck was not seriously injured and was not included in the lawsuit. Reynolds and two other eyewitnesses testified that Covani made a U-turn in a commercial zone directly into the path of Reynolds. The plaintiff's counsel asserted that leaving the scene could be considered consciousness of responsibility.

The defendant disputed the allegations, contending that Reynolds caused the collision by speeding and talking on a cell phone right before the accident.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand for $1 million, reduced to $500,000 per C.C.P. Section 998, 10 days before trial. The defendant made a C.C.P. Section 998 offer for $325,000.

Damages

$399,253 (economic); $2.8 million (non-economic)

Injuries

Reynolds, whose right ulna was shattered by the deployment of her vehicle's airbag, was taken by ambulance to ER, where she underwent an open reduction that included the placement of 14 screws and two plates in her right, dominant forearm. Reynolds developed compartment syndrome in which her forearm structures were constricted by swelling and bleeding leading to the formation of a Volkmann's contracture. She lost use of her now "clawed" right hand and underwent hand therapy, occupational therapy and physical therapy while also seeking treatment with three hand surgeons. She underwent hand and forearm surgery at UCLA Medical Center to release the forearm nerves that were trapped in scar tissue and lengthen 11 tendons so she could open up her hand. At trial, Reynolds had permanent, incurable pain in her hand and was unable to make a fist, hold a pot, write, sew, do needlepoint (which was her hobby) and iron, among other actions. She has lost an estimated 85 percent of the use of her right hand. Reynolds demanded $63,801 in medical specials. There was no way to treat her hand, so she asked for future medical specials of $801 a year for pain medication for the rest of her life. At trial, her estimated life expectancy was 39 more years. Reynolds missed about three months of work after the first surgery and about 2.5 months of work after the second procedure. She sought $25,756 in lost past wages. Reynolds added $169,420 in loss of future earnings capacity, asserting that she couldn't be promoted to school psychologist with her hand injury. Her demand was based on 22 more work years and the salary difference between a counselor and a psychologist. Reynolds also sought $207,276 in rehabilitation services to buy devices such as a left-handed computer keyboard and pay for a gardener and a housekeeper as she could no longer garden, (a cherished hobby) or clean her house. Reynolds asked the jury for a total of $402,452 in economic damages plus medical bills of $63,801. Reynolds also made an unspecified demand for pain and suffering.

Result

The jury returned a plaintiff verdict awarding $3,199,253 ($2.8 million in past and future pain and suffering; $399,253 total economic damages - medical and wages).

Other Information

The defendant’s motions for nonsuit and directed verdict were denied. Reynolds plans to file for about $240,000 in prejudgment interest as per her C.C.P. Section 998 offer.

Deliberation

four hours

Poll

12-0 (liability), 12-0 (economic damages), 10-2 (general damages)

Length

six days