Lacanilao v. Najar, et al.
Published: Jan. 28, 2003 | Result Date: Apr. 25, 2002 | Filing Date: Jan. 1, 1900 |Case number: YC040154 Verdict – $0
Judge
Court
L.A. Superior Torrance
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Akira Ishiyama M.D.
(medical)
John K. Tyson P.E.
(technical)
Mark S. Sanders Ph.D.
(technical)
Henry S. Greenberg
(technical)
Keith Blackwell
(medical)
Orris Johnson
(technical)
Defendant
Anthony C. Stein Ph.D.
(technical)
Naresh C. Jain
(technical)
Thomas F. Fugger Jr., P.E.
(technical)
Facts
The subject suit was a wrongful death case (Lacanilao) and brain damage and facial disfigurement (Falsetti) case. The wrongful death case settled, and the brain damage and facial disfigurement case went to trial with a defense verdict. Zarah Falsetti, a 26-year-old female, went to a club in the Hollywood area with 20-year-old Marlaine Lacanilao. Falsetti admitted to having two martinis at the bar and probably left sometime after 2:00 a.m. Her last recollection is sitting in her car in the club's parking lot waiting for the parking lot traffic to clear so that she could exit. Falsetti and Lacanilao got onto I-405 southbound, with Falsetti driving her BMW Z3 Roadster. The vehicle spun out of control just after a curve in the I-405 in the vicinity of Los Angeles airport and then came to a rest sitting crossways in the #2 lane, pointing towards the shoulder at approximately 3:50 a.m. The defendant Najar was driving a delivery van for the co-defendant Freeway Transportation Services, and was returning from a trip to Kettleman City. He had already worked a day shift and at the time of the accident had only had four hours sleep in the previous 24 hours. Najar was driving southbound on I-405 and as he came to the LAX curve, he moved from the #1 lane to the #2 lane. It had been raining off and on and the roadway was wet. It was also dark at the time and there was hardly any light in the area. He made a lane change and subsequently saw the BMW sitting sideways in the lane ahead of him. He tried to swerve to avoid it but broadsided it. After the initial impact, the defendant's van tipped over onto the driver's side and slid down the freeway. The passenger, Lacanilao, died at the scene. The driver, Falsetti, was taken to hospital with injuries. The defendant Najar submitted to a drug alcohol screen which showed no alcohol or drugs. Falsetti had a blood sample drawn at the hospital about 1+ hours later and it showed a blood alcohol level of 0.06. The BMW's rear tires had marginal tread which was a relevant factor given the slippery road surface. The plaintiff, Loraine Lacanilao, sued for the death of her only child and that case was settled on the eve of trial for payment of Falsetti's $30,000 policy limits and a payment by the defendants Najar and Freeway Transportation of $90,000. The plaintiff Falsetti then went on to bring an action against the defendants Najar and Freeway Transportation. The defendant's motion to bifurcate liability and damages was denied.
Settlement Discussions
Falsetti's demand at mediation was $1.25 million, and then $1 million (policy limits). Lacanilao had demanded $1 million at mediation. At trial, Falsetti demanded $500,000. The defendants submitted a C.C.P. Section 998 offer of $20,000 to Falsetti. The defendants submitted a C.C.P. Section 998 offer of $75,000 on the wrongful death of an only child, subsequently increased to $90,000 on the eve of trial.
Specials in Evidence
$200,000 (Falsetti) Unknown Permanent $10,000 (Falsetti)
Damages
Death of an only child (Lacanilao).
Injuries
Falsetti suffered permanent facial paralysis, multiple facial lacerations and fractures requiring surgeries, subdural hematoma requiring craniotomy, loss of hearing in one ear due to facial and ear bone fractures, scarring, broken arm, psychological injuries, crossed eyes due to trauma and fractures requiring surgery, memory and cognitive problems, inability to work due to disfigurement and surgery to repair a damaged breast implant.
Other Information
The defendants filed a cost bill against Falsetti and judgment was granted in the defendants' favor in the sum of $45,117. Falsetti sued the car dealership that had sold the vehicle and the repair shop that had inspected the vehicle pre-sale for failure to advise her of the poor tread. Falsetti had acquired the vehicle five months prior to the accident. The dealership and the mechanic both obtained summary judgments.
Deliberation
2.5 hours
Poll
10-2
Length
six days
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