Facts

On March 10, 2019, plaintiff Yvonne Montoya was injured in a rear-end automobile collision caused by defendant Jacqueline Kasparian. Prior to trial, defendant admitted liability.

Trial solely concerned plaintiff's alleged injuries and damages, consisting primarily of a right orbital eye fracture resulting in double vision and a facial scar. Plaintiff waived damages for past medical specials and past loss of earnings.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed the double vision prevented her from operating a motor vehicle, working, and that she had suffered a loss of independence.

DEFENDANT'S CONTENTIONS: Defendant disputed the extent and severity of plaintiff's double vision condition, particularly in light of inconsistent information as to whether the condition was constant or intermittent, and due to a 2 year gap in treatment between June, 2020 and June, 2022.

Defendant also contended that the primary cause of plaintiff's emotional distress in the seven months after the incident was due to treatment for cancer which was discovered while plaintiff was hospitalized after the accident.

Insurer

State Farm Mutual Automobile Insurance Company for defendant

Settlement Discussions

Prior to trial, Plaintiff made several demands for the full $2,250,000 limits of Defendant's insurance policy, but never below that amount. Immediately before trial, Plaintiff increased her demand to $7,500,000. Defendant offered Plaintiff $750,000 in advance of trial.

Specials in Evidence

Plaintiff: $222,673; Defendant: $0; Award: $163,086. Plaintiff: $72,750 for future medical expenses and $675,000 for future transportation expenses; Defendant: $72,750 for future medical expenses and $0 for future transportation expenses; Award: $72,750 for future medical expenses and $67,000 for future transportation expenses.

Damages

Plaintiff's retained neuro-ophthalmology expert, Dr. Alfredo Sadun, opined plaintiff was a candidate for two surgical operations which would allow her to resume most activities of daily living which were being precluded from her, operate a vehicle, and return to work. He also opined plaintiff could operate a vehicle in her current condition and work. In closing, plaintiff requested $1,500,000 for past general damages and $18,000,000 for future general damages based on a life expectancy of 36 years. Defendant argued the jury should award $76,000 for past general damages and $400,000 for future general damages. The jury awarded $100,000 for past general damages and $400,000 for future general damages.

Injuries

Right orbital blow-out fracture resulting in issues of double vision and a facial scar. Prior to trial, plaintiff waived her claim for a traumatic brain injury.

Result

The jury awarded $802,836.

Length

six days