Facts

On the afternoon of June 17, 2015, defendant Craig Alan Brewer was driving westbound on Avenue 15 in Madera County. Ahead of Brewer, a van with field workers was stopped for a train that was crossing Avenue 15. Brewer crashed into the back of the van and injured plaintiff Jose Maclovio. Maclovio was seated in the back row of the van and suffered the brunt of the impact.

Maclovio was 18 years old at the time of the collision. He had dropped out of high school and began working in the fields in order to financially support his girlfriend and their one-year-old daughter. Maclovio, his girlfriend, and his daughter had moved out of his parents' home and into a two-bedroom apartment less than a week before the collision that paralyzed him.

Plaintiff's witnesses were his mother, father, ex-girlfriend, treating neurosurgeon (by video deposition), treating physical medicine doctor (by video deposition), and plaintiff.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that as a result of the collision he was paralyzed and he requested $21,513,000 in general damages.

DEFENDANT'S CONTENTIONS: Defendant admitted liability at trial and there was no evidence at trial regarding why the collision occurred. Defendant claimed that plaintiff's damages were not as great as plaintiff claimed.

Insurer

State Farm

Settlement Discussions

Plaintiff made a CCP 998 demand of $250,000. Defendant made a CCP 998 offer for $25,000.

Damages

Plaintiff requested $21,513,000 in general damages; $1,717,000 for past general damages and $19,796,000 for 54.2 years of future general damages. Plaintiff argued for a per diem of $1,000 a day for past and future general damages. The defense argued for a verdict of $2 million.

Injuries

The collision caused a C5 burst fracture and damage to Maclovio's spinal cord resulting in permanent partial quadriplegia.

Result

The jury delivered a plaintiff's verdict for $21,513,000, which was composed of $1,717,000 in past general damages and $19,796,000 in future general damages.

Deliberation

one hour

Poll

10-2

Length

four days