Facts

On Aug. 26, 2004, plaintiff Violet Leage, a 74-year-old restaurant owner, was crossing Embarcadero Road in Morro Bay. Meanwhile, Marcia Lundy was reversing down Embarcadero in her SUV when she struck Leage and knocked her to the ground. The right rear wheel of Lundy's SUV ran over Leage's left side.

Claiming physical injuries, Leage sued Lundy for motor vehicle negligence.

PLAINTIFF'S CONTENTIONS:
Leage asserted that Lundy was negligent for backing up too quickly and for traveling too far of a distance in reverse.

DEFENDANT'S CONTENTIONS:
Lundy disputed Leage's claims, arguing that Leage had stepped out into the street from behind a parked van, and that Lundy therefore had insufficient time to react and stop her SUV before hitting Leage.

Lundy did admit she panicked at first when she saw Leage behind her vehicle and accidentally stepped on the gas briefly before braking. However, she claimed the accident would have happened nevertheless.

Settlement Discussions

The plaintiff demanded $995,000 as per C.C.P. Section 998 before mediation, but raised the demand to $2 million (the policy limits) thereafter. The defendant offered $510,000 as per C.C.P. Section 998 during mediation, which was rejected, then raised the offer to $600,000 as per C.C.P. Section 998 ten days before trial.

Damages

The parties stipulated to $281,049 in medical specials. Leage sought $907,271 in future medical and life care expenses based primarily on eight hours per day of home care for about 20 years. Leage also sought $388,635 in lost wages because she was leasing out her restaurant and asserted she was going to manage a restaurant owned by her brother. Leage claimed that even though she was 74, she was healthy and capable of working, noting her mother lived to 92 and worked until she was 89. Leage's demand of damages for pain and suffering raised her total damages sought to $3.6 million.

Injuries

Leage suffered nine fractures to her pelvis, sacrum, lower back, ribs and scapula. Leage also suffered a partial degloving injury to her left arm. She was taken in an ambulance to an emergency room and spent approximately 30 days in a hospital and rehabilitation center. Leage then had physical therapy treatment at home for a few months.

Result

The jury found Leage and Lundy were each 50 percent liable. The jury awarded Leage $681,049, consisting of $281,049 for medical expenses, $100,000 for future medical expenses, and $300,000 for past pain and suffering. After apportionment, the verdict was $340,524.50. This verdict is still subject to a potential post-verdict Hanif reduction. However, on the day the judgment was read, the parties had stipulated to a high-low agreement of $1.9 million/$500,000. Therefore, the actual result was $500,000.

Deliberation

six hours

Length

eight days