Irene Gutierrez v. Isuzu Motors, et al.
Published: Apr. 3, 1999 | Result Date: Mar. 5, 1999 | Filing Date: Jan. 1, 1900 |Case number: CIV171967 – $5,372,530
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Christine D. Spagnoli
(Greene, Broillet & Wheeler LLP)
Bruce A. Broillet
(Greene, Broillet & Wheeler LLP)
Defendant
Mark V. Berry
(Bowman and Brooke LLP)
Experts
Plaintiff
Leonard Mateson
(medical)
Jan Roughan R.N.
(medical)
John Marcosky
(technical)
Lester M. Zackler M.D.
(medical)
Lawrence Miller M.D.
(medical)
Herbert Judy
(medical)
Defendant
Donald Tandy
(technical)
Arthur P. Kowell M.D., Ph.D.
(medical)
Facts
On March 21, 1996, plaintiff Irene Gutierrez, a 23-year-old student, was a passenger in a 1995 Isuzu Rodeo Sport Utility Vehicle heading westbound on Highway 126 at approximately 70 mph when the driver lost control of the vehicle while changing lanes. The vehicle rolled over on the roadway. When the vehicle came to rest, the plaintiff's foot was crushed resulting in amputation, and she suffered a brain injury. All occupants of the vehicle were wearing their seat belts. The plaintiff brought this action against the defendant based on design defect and negligent testing.
Settlement Discussions
The plaintiff made a settlement demand for $2.25 million. The plaintiff's attorney asked the jury for $2.3 million plus general damages. The defendant made no offers. The driver of the vehicle had previously settled for his $100,000 policy limits.
Specials in Evidence
$184,000 $800,000 $1.3 million
Other Information
The jury deadlocked (7-5) on design defect but found against Isuzu (12-0) on negligent testing. Isuzu's motion for mistrial, based on an inconsistent and incomplete verdict, was granted on March 23, 1999 and the verdict was set aside. The plaintiff plans to seek a writ, as the mistrial order is not appealable.
Deliberation
five days
Length
two weeks
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