Facts

On April 18, 2014, plaintiff Maria Ortiz, 45, was crossing Glenoaks Blvd. in San Fernando on a green light and in a crosswalk when she was struck by a 1998 Dodge Ram truck driven by defendant Jorge Giron, a delivery driver for defendant Robert Giron dba E-Z Auto and Truck Parts. Giron was making a left turn onto eastbound Glenoaks from southbound Maclay at the time. The investigating officers determined that Giron failed to yield to Ortiz and he was cited for this vehicle code violation.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendant Giron did not yield to her as required by law as she crossed the street in a marked crosswalk and with the pedestrian signal allowing her to cross at that time. She argued that defendant Giron was inattentive and the sole cause of the accident.

Plaintiff alleged that her knee and low back injuries were caused by the accident. She also alleged that all of her past treatment and future care needs were caused solely by the accident. She also alleged that her current limitations prevented her from caring for herself, her family and her home.

DEFENDANT'S CONTENTIONS: Defendants claimed that defendant Giron was not negligent as he made his left turn safely and reasonably. Defendants claimed that plaintiff was only in the street for one second at the time of the collision, as confirmed by plaintiff's expert Rami Hashih, and that defendant Giron did not have enough time to avoid striking plaintiff due to plaintiff's careless decision to enter the roadway when she did. Defendants claimed that if Giron was found to be negligent, his liability should be no more than 10 percent since plaintiff was at least 90 percent at fault.

Defendants also claimed that although plaintiff did sustain knee and back injuries, her reasonable and necessary treatment was limited to her emergency care, right knee treatment with surgery, and limited care for her low back strain. Defendants claimed that plaintiff did not need low back surgery, nor will she need any future care. Defendants further claimed that plaintiff had returned to her normal activities within a year of the accident, and that she did not have any future care needs. Lastly, defendants alleged that plaintiff's reasonable and necessary past medical care should have resulted in bills of only $32,069, and not the $421,307 that plaintiff incurred, almost all of which was on attorney liens.

Settlement Discussions

Plaintiff made CCP 998 demand of $500,000.00, which was allowed to expire by prior defense counsel. Plaintiff was later offered by CCP 998 $500,000 by prior defense counsel. Plaintiff then demanded $1,000,000.00 (policy limits). Defendants then offered $750,000. Plaintiff then demanded $900,000 At the beginning of trial, defendants offered plaintiff a high-low of $150,000 to $850,000. Plaintiff requested a high-low of $750,000 to $1,000,000. There was no agreement on any high-low.

Specials in Evidence

$340,881 $2,088,861

Damages

Plaintiff's past medical bills totaled $421,307. Plaintiff claimed the need for a future right knee replacement and later revision surgery; a future additional L4-5 decompression surgery followed by a fusion at the same level; a future fusion of the L3-4 and L5-S1 vertebrae; and a fusion of the SI joint. Her future treatment and life care needs were estimated to cost $2,088,861.

Injuries

Ortiz was transported from the scene by ambulance to Providence Holy Cross Hospital, where she was treated for multiple contusions and sprains. Thereafter, she treated with 25 different medical providers for lower back and right knee injuries. After months of physical therapy, she had right knee surgery on Dec. 9, 2014 by Dr. Mark Ganjianpour to repair a meniscal tear and osteochondral injury. On July 13, 2016, she also had a low back decompression surgery/foraminotomy to correct a herniated L4-5 disc, which indented her nerve root at that level. Thereafter, she continued to treat for ongoing pain in her right knee, lower back and SI joint.

Result

The jury found in favor of the defense.

Other Information

Defendants will be submitting a cost bill of approximately $75,000.

Deliberation

25 minutes

Poll

9-3

Length

6 days