Jennifer Yue and Tim Yue v. BMW of North America, Inc.; Bayerische Motoren Werke Aktiengesellschaft; Jasvinder Singh; Iqbal Singh and Vidal Rocha
Published: Jun. 13, 1998 | Result Date: May 4, 1998 | Filing Date: Jan. 1, 1900 |Case number: H1884474 Verdict – $1,955,000
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Gina D. Huettel
(Williams, Pinelli & Cullen LLP)
Experts
Plaintiff
Michael H. Carstens
(medical)
Ronald Elwell
(technical)
Edward M. Schaefer
(technical)
Carley C. Ward
(technical)
Jerold Z. Kaplan
(medical)
Gary D. Nibbelink
(technical)
Diana S. Everstine
(medical)
Mark Arndt
(technical)
David M. Yoshida M.D.
(technical)
Thaddeus J. Whalen Jr.
(technical)
Defendant
Alan Donelson
(technical)
Joachim Frings
(technical)
Charles Warner
(technical)
Lawrence J. Deneen J.D.
(technical)
Robert Beauchamp
(technical)
David M. Blaisdell
(technical)
Facts
On Jan. 31, 1995, three co-workers were carpooling to work on northbound Interstate 880 near Fremont. Defendant Jasvinder Singh was driving a 1982 BMW 528e owned by his brother defendant Iqbal Singh. His passengers were Lester Lee, who was sitting in the front passenger seat and Jennifer Yue, who was sitting in the back seat. At the time of the accident, Jasvinder Singh was attempting to cross from the center median over three highway lanes to the right hand shoulder to fix a flat tire. While executing this maneuver, the BMW was sideswiped by a pick-up truck, driven by a settled defendant driver and then rear-ended by a 1978 Lincoln Continental driven by defendant Vidal Rocha. None of the occupants of the BMW were seriously injured by the forces of the rear-end collision. However, the rear of the BMW and the front of the Lincoln immediately caught fire. Jasvinder Singh and Lester Lee were able to exit the BMW unharmed, but, as Jennifer Yue stepped out of the car, her clothes caught fire and she suffered second and third degree burns over 30 percent of her body. Plaintiffs Jennifer Yue and Tim Yue sued BMW NA and BMW AG on a claim of defective product design, and sued Jasvinder Singh, Iqbal Singh, Vidal Rocha and the settled defendant driver on claims of negligence. The plaintiffs settled their claims against the settled defendant driver before trial for $100,000. Defendant Rocha was uninsured, never responded and was in default at the time of trial.
Settlement Discussions
BMW defendants made a C.C.P. º998 offer of compromise for $145,000.
Specials in Evidence
$1 million $200,000
Damages
The plaintiffs claimed that Jennifer Yue would require at least five years of intense psychotherapy at a cost of $30,000 and will need mental therapy for the rest of her life at a cost of $12,000 per year. Jennifer Yue, a former accountant, claimed her burn injuries made her permanently unemployable and asked the jury for nearly $1.5 million in lost past and future wages.
Other Information
The verdict was reached approximately two years and two months after the case was filed. Under California's Proposition 51, the jury apportioned 75 percent of the fault to defendant Vidal Rocha and 25 percent to defendant Jasvinder Singh.
Deliberation
3½ days
Length
five weeks
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390