Roland Reyes, et al. v. Mayflower Transit, Inc., et al.
Published: Mar. 21, 1998 | Result Date: Feb. 27, 1998 | Filing Date: Jan. 1, 1900 |Case number: VC016512 Verdict – $0
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Stephen Irwin
(technical)
Defendant
Sinclair Buckstaff
(technical)
Facts
On April 27, 1994, at approximately 9:25 a.m., a multiple vehicle traffic accident occurred on southbound Interstate 605 approaching the westbound Interstate 105 interchange. At the time of the collision, defendant Edgar Hale Rowland was driving a Mayflower tractor-trailer rig in the No. 5 lane of I-605. Defendant originally thought that his right front tire had a flat, but when he looked down from his driver's side window, he observed a car spinning out of control in front of his truck, and across the southbound lanes toward the center divider. The vehicle observed was a 1989 Nissan Maxima driven by Kim Inkyung Chung. After colliding with defendant, Chung's car next made contact in the No. 1 lane with the 1988 Ford Aerostar being driven by plaintiff Ruben Diaz. Plaintiffs, Alex Pena and Roland Reyes were passengers in this van, along with another passenger who settled with defendants. After colliding with plaintiffs, Chung's vehicle came to rest in the No. 1 lane. Plaintiffs' car came to rest near the center divider, and defendant pulled his rig over to the side of the road to cooperate with the California Highway Patrol. A standard report was prepared by Officer D. Reza, which included statements made by those who witnessed and/or were involved, in the incident. Officer Reza concluded that Chung was the sole proximate cause of the accident. The plaintiffs brought this action against defendants based on a negligence theory of recovery. Trial was bifurcated and only liability was tried to the jury.
Settlement Discussions
The plaintiffs made a settlement demand for $215,000 and $300,000 after the trial began. The defendants made an offer of $177,500 to plaintiffs Diaz, Pena and Reyes.
Specials in Evidence
$6,035 (Diaz); $40,000 (Reyes); $15,456.10 (Pena) $500 (Diaz); $19,000 (Reyes); $15,051.96 (Pena) $___________ $5,000 (Reyes)
Damages
The plaintiffs claimed _____________.
Injuries
Plaintiff Ruben Diaz suffered lacerations to his face with scarring and muscoligamentous back strain. Plaintiff Roland Reyes suffered severe facial lacerations requiring plastic surgery and a herniated disc which required a laminectomy. Plaintiff Alex Pena fractured his left tibia and fibula; and suffered soft tissue injuries to his lower back.
Other Information
At the inception of the case, plaintiffs attempted to settle with Mayflower on the basis that the evidence indicated Chung was at fault for making a lane change into the truck. That settlement was conditioned upon a finding of good faith and that Mayflower was not at fault. The court made such a finding. Plaintiffs pursued the underinsured motorist carrier asserting Chung's fault. Before that claim was arbitrated to a conclusion, new evidence revealed that Mayflower was possibly at fault and that the Mayflower truck driver had possibly made the lane change based upon physical evidence which contradicted the eyewitness' testimony, Mrs. Koyama. Plaintiffs made various motions to vacate the settlement agreement. The motions were denied and the case was dismissed. The Court of Appeal reversed the dismissal of the case against Mayflower and remanded for trial. During the interim, the underinsured motorist carrier claimed that the matter was premature for arbitration under Insurance Code º11580.2(p)(3), claiming Mayflower, not Chung, to be solely responsible for the accident, and no arbitration could be ordered until plaintiffs obtained a judgment that Mayflower was not at fault. As a result of the verdict for Mayflower, plaintiffs are now able to recover against the underinsured motorist carrier under Insurance Code º11580.2(p)(3) and the doctrine of collateral estoppel. The verdict was reached approximately three years and eight months after the case was filed. SETTLEMENT CONFERENCE: A settlement conference was held on the day of trial before Judge Pratt resulting in the offer by defendant. EXPERT TESTIMONY: Plaintiffs' expert, Stephen Irwin, an accident reconstructionist, testified that it was physically impossible for the accident to have occurred as claimed by defendant Rowland and as testified to by percipient witness Takie Koyama.
Deliberation
eight hours
Poll
10-2 (liability)
Length
eight days (liability)
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