Facts

This incident occurred on June 2, 2017 at 1:50 p.m. on Lanark Street and Topanga Canyon in the city of Los Angeles. The defendant ran a stop sign and crashed his vehicle into the left side of plaintiffs' vehicle which caused the vehicle crash into a steel light pole. Both vehicles were totaled.

Paramedics and firetrucks responded to the scene, but all parties denied the need for emergency transport to the hospital.

DEFENDANT'S CONTENTIONS: Defendant admitted liability but denied the plaintiffs' injuries were caused by the collision.

Insurer

Automobile Club of Southern California

Settlement Discussions

Defendant served a CCP 998 for Patricia Lingle for $245,000 and $200,001 for Wanda Butler Plaintiff requested the following amounts in closing: For Butler: $1,206,000 future economic damages; $876,531 in past non-economic damages; $593,698 in future non-economic damages For Lingle: $290,000 in future economic damages; $867,564 in past non-economic damages; $712,653 in future non-economic damages

Specials in Evidence

Meds: $128,248 Butler; $77,983 Lingle Future Meds: $1,542,000 for Butler; $290,000 for Lingle

Damages

The front and drivers side of plaintiffs' vehicle were smashed in causing major damage in the amount of $32,524 resulting in a total loss to the brand new 2017 Lexus. The defendants' vehicle also sustained major damage and was a total loss. Water was gushing from the hydrant and caused flooding to a residence and another vehicle to crash into the defendant's vehicle. Paramedics and firetrucks responded to the scene. Each plaintiff also claimed $867,000 in past non-economic damages and $476,352 in loss of consortium.

Injuries

Wanda Butler was 64 years old on the date of the accident. She initially denied the need for medical care, and refused to be seen at the emergency room on the day of the collision. Ms. Butler later saw her primary care physician for pain in her wrists and back. 7 months later, she underwent carpal tunnel release surgery in both wrists. 30 days after the crash, Wanda Butler obtained chiropractic care for her neck and low back. 5 years later, she saw a spine surgeon for neck and low back pain, who recommended surgery. The defendant denied Wanda Butler's wrist surgeries were related to the collision, and denied any medical care she needed for her neck and low back was related to the collision. The defendant claimed Ms. Butler's injuries were due to pre-existing arthritis and her advanced age. Passenger Patricia Lingle was 67 years old at the time of the accident. She went to the emergency room on the day of the collision, complaining of left knee pain. 10 months later, she underwent arthroscopic knee surgery. 4 years later, her treating doctor recommended a total knee replacement. She also later complained of left shoulder pain, for which her treating doctor recommended arthroscopic surgery. The defendant denied Patricia Lingle's injuries were related to the collision, and claimed any need for medical care was due to pre-existing arthritis and her advanced age. Each plaintiff also claimed $867,000 in past non-economic damages and $476,352 in loss of consortium. The defense introduced sub rosa evidence impeaching the plaintiffs regarding their alleged limitations, and asked the jury to return a verdict between $0 and $20,000 for each plaintiff.

Result

Verdict for $648,000 Butler $362,000 (future meds: $60,000; past non-economic $250,000; future non-economic $50,000; loss of consortium $2,000) Lingle $286,000 (future meds $9,000; past non-economic $200,000; future non-economic $75,000; loss of consortium $2,000)

Other Information

Defendant passed away unrelated to the accident and the parties stipulated to proceed against his estate up to a maximum recovery of the policy limits of $1,500,000.

Deliberation

1.5 days

Poll

10-2

Length

10 days