Facts

Plaintiff Lino Aguilar suffered serious and permanent injuries when Defendant Michael Valdez, a Western Digital Corporation ("WD") employee negligently drove a golf cart against company policy on a sidewalk. Valdez admitted to distracted driving at the time he struck Plaintiff.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that defendant Valdez's negligence was the cause of the incident; WD is directly liable because it failed to prohibit golf carts from being operated on the sidewalk; WD is also vicariously liable for Valdez's negligence since it employed defendant Valdez; and plaintiff bears no comparative fault.

DEFENDAT'S CONTENTIONS: One week before trial, defendants admitted their negligence was the sole cause of the incident and that the only issue to be tried was the value of noneconomic damages to be awarded to plaintiff.

Insurer

Travelers Insurance

Settlement Discussions

On April 18, 2023, plaintiff Aguilar and plaintiff GCA Services, Inc. served a joint CCP 998 offer to compromise for $5.5 million which included both Aguilar's claims and his employer, GCA Services' claim for reimbursement of the over $500,000 workers' compensation benefits it provided. The CCP 998 was accompanied by a letter indicating that it was not a negotiating offer and that plaintiff expected to exceed the amount of the CCP 998 at trial. Defendants allowed the CCP 998 to lapse 30 days later without any communication whatsoever. On Aug. 22, 2023, defendants served their CCP 998 offer to compromise to plaintiff in the amount of $2.5 million. Several weeks before trial, defendant increased its offer but plaintiff declined to negotiate below the expired CCP 998 for $5.5 million and negotiations ended.

Specials in Evidence

Meds: $550,000 past paid medical expenses, waived

Damages

Plaintiff Aguilar's claimed past and future noneconomic damages.

Injuries

Plaintiff suffered severe and permanent orthopedic injuries. The most significant being: right tibia and fibula fractures, nonunion with hardware and bone grafting and subsequent hardware removal; right lower leg venous insufficiency; bilateral carpal tunnel syndrome; right thumb arthritis requiring fusion; and left ankle tendon and Achilles injury.

Result

Verdict for plaintiff for $9 million ($4.5 million past noneconomic damages and $4.5 million for future noneconomic damages).

Deliberation

3 hours and 15 minutes

Poll

12-0

Length

five days