Facts

The accident occurred on Interstate 215 under the overpass of Murrietta Hot Springs Road in Murrietta. on May 1, 2012. Plaintiff Desiree Wiles was traveling on the 215 with her two children, ages 5 and 9 months, northbound on their way home. Defendant Wayne T. Jackson was on his way to the hospital because he had cut his finger. While driving his own vehicle, he passed out. His vehicle drove through a guard rail at the Murrietta Hot Springs Road onramp to the northbound I 215, down an embankment, onto the northbound lanes of the I215 colliding head on with plaintiff's vehicle. Defendant did not regain consciousness until after the collision.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that defendant knew or should have known that he would pass out based on information contained in his military medical records, a statement allegedly made to the investigating CHP officer and a statement made to the ER doctor at the hospital he was taken to by ambulance after the collision.

DEFENDANT'S CONTENTIONS: Defendant, a 20-year-career Marine, had a vaso vagal syncope episode, which he could not have anticipated while he was on his way to the hospital to have a cut on his finger treated that would not stop bleeding.

Settlement Discussions

Plaintiff made a policy limits $250,000 demand; Defendant offered $100,000. Thereafter, plaintiff would not consider any policy limits offer stating that the policy was now open. Shortly before trial, plaintiff demanded $2.3million and on the day of trial call, reduced that demand to $1.7million. The offer was policy limits of $249,000. Plaintiff’s husband had been paid $1,000 on his loss of consortium claim.

Specials in Evidence

$280,000 Plaintiff claimed loss of earning capacity was a range of $30,000-$60,000. $400,000 for at least one future neck surgery

Injuries

Plaintiff claimed a neck injury that required a fusion in December 2016. She also claimed a left breast contraction injury to an augmentation she'd had in 2004. She claimed a ventral hernia surgical repair and PTSD. The children sustained very minor physical injuries but their cases were dismissed.

Result

Defense verdict

Other Information

Plaintiff's expert Dr. Oudiz testified on the vaso vagal syncope issued could not say that the fainting did, or did not occur. Defendant's expert testified there was no way to say that the episode did not occur and based on his review of the defendant's military medical records, there was no way that he could have anticipated that he would pass out while on the way to the hospital. There were disputes among the other medical experts concerning the nature and extent as well as causation of the claimed injuries, but the jury never got to those issues.

Deliberation

1.5 hours

Poll

11-1 (no negligence)

Length

seven days