Facts

On April 3, 2007, at 9 a.m., plaintiff Maggie Zhao, a 40-year-old skin care esthetician was walking on the premises of defendant LA Auto Auction, after dropping off a friend's car to be sold. The defendant's employee lost control of a vehicle being driven to the bidding area, pinning plaintiff between two cars.

The plaintiff sued the LA Auto Auction for personal injuries as a result of the accident.

DEFENDANT'S CONTENTIONS:
The defendant admitted partial liability at trial, but argued that plaintiff and the automobile broker who told plaintiff where to deliver the friend's car were at least 50 percent at fault.

Settlement Discussions

The plaintiffs demanded $4.5 million. The defendant offered $3.5 million, raised to $4 million at trial.

Injuries

The plaintiff suffered right leg above the knee amputation, and broken pelvis. The plaintiff's husband, Patrick Tsui, claimed loss of consortium.

Result

The decision was a plaintiff's verdict for $7,858,499 ($176,851 past medical expenses; $2,299,008 future medical expenses; $44,234 past lost earnings; $338,406 future lost earnings; $500,000 loss of consortium; $1 million past pain and suffering; $3.5 million future pain and suffering)

Other Information

The jury found LA Auto Auction to be 95 percent negligent and the broker was found to be 5 percent at fault. Insurer: AIG

Deliberation

two days

Poll

12-0 (liability), 11-1 (damages)

Length

eight days