Facts

On April 24, 2018, Florencio Munguia was driving with his wife, daughter, and grandchild when San Bernardino County Deputy Michael Andrade turned left in front of Munguia's vehicle causing a collision at approximately 40 miles per hour. Munguia sued the County of San Bernardino and Sheriff Deputy Michael Andrade.

PLAINTIFF'S CONTENTIONS: Munguia alleged that Andrade was negligent in the operation of his vehicle.

DEFENDANT'S CONTENTIONS: County of San Bernardino admitted liability for the crash. The trial addressed damages. Throughout trial, the defense maintained that the forces of the crash were insufficient to cause structural failure in the spine and that Munguia's spinal condition was due to degeneration and not related to the crash. Defendant's biomechanical expert, Judson Welcher, testified that the forces were insufficient to cause structural failure in the spine and stated that there would have to be a fracture of the vertebrae before a disc would herniate. Defendant's orthopedic expert, Dr. Cary Alberstone testified that Munguia's spinal condition was due to degeneration and opined that the crash did not cause Munguia's spinal condition, stating that Munguia had not complained of radiculopathy to his treaters.

Settlement Discussions

Munguia served a CCP 998 on September 2021 for $250,000, which Defendant allowed to lapse. In May of 2022, Defendant served a CCP 998 for $225,000, which Munguia rejected. Defendant did not make any other offers through trial.

Specials in Evidence

Meds: $225,000 Future Meds: $814,517

Damages

Munguia sought recovery for his past and future medical expenses and damages for his past and future pain and suffering.

Injuries

Munguia suffered cervical and lumbar spine injuries for which he underwent several spinal injections, a cervical fusion, and received a recommendation for a lumbar discectomy. In the year and a half following the crash, Munguia's condition steadily declined. He underwent five spinal injections which only provided temporary relief. Munguia ultimately underwent a single-level cervical spine fusion in May 2020. Munguia was recommended for a lumbar discectomy, which he did not receive before trial. Munguia may require an adjacent level cervical fusion.

Result

The jury awarded Munguia $11,069,517. Florencio Munguia $ 225,000 Past Medical Costs $ 814,517 Future Medical Costs $ 6,000,000 Past Pain and Suffering $ 4,000,000 Future Pain and Suffering

Deliberation

four hours

Length

three weeks