Facts

Ksenia Rozen, Karen Kirn and Estate of Eric Stein sued the County of Los Angeles, Los Angeles County Fire Dept., and Michael Aplanalp, in connection with a motor vehicle collision that allegedly occurred on July 31, 2015, at around five in the afternoon, which resulted in Stein's death.

PLAINTIFFS' CONTENTIONS: The decedent was driving along Saddle Rock Ranch in Malibu with his wife, plaintiff Rozen, when they were broadsided by a busload of inmate firefighters as they sped along the highway to reach a wildfire. Rozen sustained serious injuries while the decedent succumbed to his injuries on the scene. Rozen and the decedent's mother, plaintiff Kirn, sued defendant driver, Aplanap, and his employer, alleging negligent operation of the fire crew bus. Plaintiffs contended defendant driver was speeding when the incident occurred.

DEFENDANTS' CONTENTIONS: Defendant driver contended that he attempted to pass in a passing zone when the decedent made a left turn in front of him. Defendant contended that the decedent failed to use his turn signals and slowed down as if to yield to the lights and sirens. Overall, defendants claimed defendant driver was driving reasonably under the circumstances and that decedent caused the crash.

Settlement Discussions

Plaintiffs demanded $13.4 million in settlement. Defendants countered with a $1.4 million offer of settlement.

Damages

Rozen and Kern sought recovery for decedent's wrongful death. Rozen additionally sought damages for her own personal injuries and emotional distress. Plaintiffs sought $52.5 million in total damages, including past and future pain and suffering. Plaintiff Rozen waived her claim for medical expenses.

Injuries

Stein had to be extracted from the vehicle following the crash. Rozen was able to walk out of the vehicle. She sustained a fractured cheekbone and several fractured ribs.

Result

The jury found Aplanalp negligent and that his negligence was a substantial factor in causing the harm. However, it also found Stein partially at fault for the incident. The jury apportioned 50 percent of fault to Aplanalp and 50 percent to the decedent. It then awarded plaintiffs' family $1.45 million, of which $250,000 was awarded to Kirn and $1.2 million for Rozen. Kirn's recovery included $100,000 for past non-economic damages and $150,000 in future non-economic damages. Rozen's damages included $150,000 in past pain, suffering, and emotional distress, $50,000 in future pain, suffering, and emotional distress, $300,000 in past non-economic damages, and $700,000 in future non-economic damages. Following apportionment, Kirn recovers $125,000 and Rozen $600,000. The net verdict for both plaintiffs is $725,000.