Facts

On April 6, 2016, at 11:30 a.m., plaintiff Norma McPhoy was in the left turn lane on southbound Prairie Avenue in Inglewood, waiting to turn left onto eastbound Pincay Drive. She entered the intersection on a green light and waited for opposing traffic to clear. The light cycled to red. Plaintiff started to complete her left turn to move out of the way of cross-traffic. Defendant Luiz Ramirez, in a vehicle registered to defendant Jorge Torres, was driving northbound on Prairie Avenue. He entered the intersection and T-boned plaintiff's vehicle while she was turning. Both vehicles were totaled. The investigating LAPD officer took a statement from Ramirez, who claimed he entered the intersection on a green light. No statement was taken from plaintiff and no witnesses were identified. There was no evidence to determine the color of the light at the time of the collision. The investigating officer determined that plaintiff caused the collision.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that she entered the intersection on a green light and, when the light cycled to red, she had the right-of-way to complete her left turn. Plaintiff further alleged that defendant Ramirez sped up in an attempt to "beat the red," thus causing the collision.

DEFENDANT'S CONTENTIONS: Defendant contended that he had the right-of-way and that the collision occurred when the traffic lights for north and southbound Prairie Avenue were green.

Insurer

Legacy Pacific Insurance Services

Settlement Discussions

Plaintiff made a pre-litigation demand for the $15,000 policy limits but the insurer rejected the demand. Several months after litigation commenced, the defense made a CCP 998 demand to settle for the policy limits. The defense refused to negotiate above the policy limits.

Specials in Evidence

Meds: $495,172 (stipulated) Future Meds: $3,066,300

Injuries

Plaintiff lost consciousness at impact and was transported to UCLA Ronald Reagan Medical Center, where she was diagnosed with a traumatic brain injury, a degloved left hand, and a fracture of the C6 superior articular process, all requiring extensive past and future medical care. Defendant disputed plaintiff's past and future pain and suffering and future medical expenses, and asked the jury to limit their award to only past medical expenses.

Result

The jury found that defendant Ramirez was 70 percent negligent and plaintiff McPhoy was 30 percent negligent and it returned a $11,061,472 verdict.

Other Information

The case was bifurcated.

Deliberation

three hours liability; 2.5 hours damages

Poll

12-0 (Ramirez' negligence); 10-2 (McPhoy's negligence); 10-2 (comparative liability); 12-0 (future medical expenses); 9-3 (past pain and suffering); 9-3 (future pain and suffering)

Length

7.5 days