Facts

Araceli Cobian sued Jose Cardenas, Maria Cardenas, and Gonzalo Rodriguez, in connection with a motor vehicle collision that allegedly occurred on Nov. 11, 2010.

PLAINTIFF'S CONTENTIONS:
Plaintiff was heading to work when a truck operated by Jose Cardenas rounded a curve, dropping a ladder. The ladder bounced on the road and in front of plaintiff's vehicle, forcing her to stop abruptly. Her vehicle was then rear-ended by Rodriguez. Plaintiff was injured and sued defendants for negligence and vicarious liability. Plaintiff claimed Rodriguez had ample time to avoid the collision.

DEFENDANTS' CONTENTIONS:
Rodriguez placed the blame on Jose Cardenas for failing to properly secure the ladder. Rodriguez also blamed plaintiff for the accident, and for failing to react to the ladder because she was tailgating Cardenas. Rodriguez also disputed the extent of plaintiff's claimed injuries.

Settlement Discussions

Prior to trial, plaintiff in fact demanded the $100,000 policy limits, which defendant refused to pay.

Damages

Cobian missed two years of work allegedly due to her injuries and may need future surgery. She sought past and future medical expenses, past lost wages, and past and future pain and suffering.

Injuries

Cobian injured her spine and left shoulder. She underwent physical therapy, chiropractic care, acupuncture, and steroid injection. She later underwent surgery to repair a disc on her back. Despite treatment and surgery, she continued to suffer from ongoing pain and complications on her shoulder, including nerve injuries.

Result

Jose and Maria Cardenas tendered their $50,000 policy limits in settlement. The jury found Rodriguez negligent and that his negligence was a substantial factor in causing Cobian's harm. The jury found Rodriguez 85 percent at fault and Jose Cardenas 15 percent liable. The jury found Cobian not negligent and determined her damages totaled $921,834, consisting of $80,343 in past medical expenses, $384,631 in future medical expenses, $81,860 in past lost earnings, $100,000 in past non-economic loss, and $275,000 in future non-economic loss. The total amount was reduced by Jose and Maria's percentage of fault. Cobian's total recovery was $865,584.