Facts

On Saturday, Sept. 26, 2009, at about 6:30 p.m., California Highway Patrol (CHP) dispatch received a 911 call from a citizen reporting a suspicious gathering of people in the parking lot of the closed DMV office in Santa Rosa. The caller reported 20-25 people wearing baggy clothing. Officer Hardcastle and two other units received the call and responded.

According to defendant State of California, there was a gang turf war in the neighborhood of the Santa Rosa DMV, and Hardcastle needed to proceed quickly to prevent an apparent gang fight. According to plaintiff, the gathering turned out to be middle school children practicing for a dance. The jury was not made aware of that fact, based on pre-trial rulings.

Hardcastle activated his lights and siren and headed west on Highway 12. Plaintiff contended Hardcastle exceeded 104 mph; defendant State contended he exceeded 100 mph for about four seconds. All traffic had yielded to the right. A motorcycle, ridden by Justin Oliver, entered the highway from an on-ramp and changed into the number one lane directly into the path of the patrol vehicle.

Hardcastle braked hard then swerved to the left onto the shoulder to avoid an imminent collision with the motorcyclist. Hardcastle turned to the right to re-enter the number one lane. When he turned to the right, his vehicle began to skid out of control. The patrol vehicle struck the rear of plaintiff Cynthia Dempsey's pick-up and then collided head-on with the right guardrail of the highway.

Officer Hardcastle contacted the motorcyclist at the scene who allegedly stated: "I'm sorry I didn't see you."

Dempsey subsequently sued the State of California and Justin Oliver.

Injuries

Dempsey was disfigured as a result of the crash. She was hospitalized with facial lacerations and had a partially severed ear. Doctors said her scars would be permanent.

Result

The jury found the State of California negligent for its employee, Hardcastle's negligent operation of his patrol car. The jury also found Oliver negligent, but attributed only one-half of one percent comparative liability to him. Dempsey was awarded $1,234,952.00 in total damages, which included $1,200,000 in non-economic damages and $34,952 in economic damages.