Facts

On Nov. 30, 2011, plaintiffs Brandon and Sarah Hector were traveling eastbound in the number 1 lane of Interstate 10 in the City of Colton, when a three-vehicle collision occurred. Plaintiffs filed suit against Michael J. Lewin and Claudia Higareda. Plaintiffs also filed their lawsuit against the law firm Mirau, Edwards, Cannon, Lewin & Tooke APC claiming that Lewin was in the course of his employment for the firm when the accident occurred.

Plaintiff also filed suit against Raul Chavarria, the owner of the vehicle that was driven by Higareda. Chavarria settled prior to trial.

Plaintiffs settled with Higareda and the case continued against Lewin, and Mirau, Edwards, Cannon, Lewin & Tooke. Defendant Lewin filed a cross-complaint against Higareda and she filed a cross-complaint against defendant Lewin.

PLAINTIFF'S CONTENTIONS:
Plaintiffs claimed that Lewin and Higareda were each at fault, or at least in part, for the accident. At trial, plaintiffs contended that only Lewin and Mirau, Edwards, Cannon, Lewin & Tooke, were at fault. Plaintiffs contended that they sustained injuries in the accident and incurred reasonable and necessary medical care.

DEFENDANT'S CONTENTIONS:
Lewin denied that he was negligent and denied that he caused plaintiffs to be injured and claimed that this accident was solely caused by the negligence of Higareda. Mirau, Edwards, Cannon, Lewin & Tooke denied that Lewin was in the course and scope of his employment, and also denied that Lewin was negligent.

Settlement Discussions

At a mediation held just prior to trial, Lewin and Mirau, Edwards, Cannon, Lewin & Tooke made a joint offer of $350,000, according to defense. Plaintiff disputed there was a $350,000 offer. Plaintiff contended that the $200,000 offered by the firm was on the condition that plaintiffs would try the case to verdict against the individual defendant. Plaintiffs demanded $1.5 million from Lewin and Mirau, Edwards, Cannon, Lewin & Tooke jointly.

Specials in Evidence

$63,000

Injuries

Sara claimed she sustained facial lacerations, a degloving of her scalp, injuries to her neck, numbness, a mallet deformity of her fingers, a C7 fracture and suffered pain all over. She also claimed she sprained or strained her jaw, contusions to her scalp, right ear and chest, injury to her left eye, and a neck sprain/strain. Brandon claimed he suffered soft tissue injuries to his neck, shoulder and back.

Result

Verdict in favor of all defendants, Lewin, and Mirau, Edwards, Cannon, Lewin & Tooke. All claims in Lewin's cross-complaint were dismissed prior to trial. The cross-complaint against Higareda was dismissed via Higuereda's motion for good faith settlement. Cross complaints between Higuereda and the other defendants were not operative at trial.

Other Information

FILING DATE: Sept. 18, 2012.

Deliberation

10 minutes

Length

six days