Facts

Roxana Garcia and Edia Cordero sued Sirvart Gabrielyan, as Administrator and Personal Representative of the Estate of Berj Gabrielyan, in connection with an incident that occurred on June 1, 2009. Gabrielyan was originally named as defendant in the lawsuit, but was later replaced by Sirvart Gabrielyan following the defendant's death in November 2011.

PLAINTIFFS' CONTENTIONS:
Cordero alleged that on June 1, 2009, she was seated on a bus bench at an intersection when suddenly, and without warning, a vehicle operated by Gabrielyan crossed over the sidewalk and struck her. Cordero claimed the injuries she suffered in her brain and body left her totally disabled. Garcia alleged that she was also injured in the accident. As such, they sued Gabrielyan for negligence.

DEFENDANT'S CONTENTIONS:
Defendant contended that Cordero's claim for damages was speculative.

Settlement Discussions

Defendant offered to settle the dispute for $100,000 policy limits. There were no assets in the estate.

Specials in Evidence

Cordero requested $483,696 in past medical cost; $600,000 in future medical costs; $500,000 in past pain and suffering; and more than $5 million for future pain and suffering.

Injuries

Cordero sustained fractures all over her body including her face, pelvis, chest, and legs. She also suffered bleeding in the brain, a collapsed lung, and other injuries all over her body. Her injuries caused her to remain in a comatose state for nearly three weeks. She then underwent several surgeries to repair her injuries, which necessitated months of recuperation and left her with permanent scars. Her head trauma resulted in a brain injury that was traumatic and resulted in cognitive issues and blurry vision. She also claimed nerve damage that caused weakness and even atrophy. She also complained of weakness in her right leg. As a result of her injuries, Cordero now walked using a cane, which also caused her wrist pain. Moreover, her condition necessitated ongoing pain medication and anti-depression medication.

Result

Garcia previously settled her dispute with the estate for $100,000. Then, following a jury trial, the jury found in Cordero's favor and awarded her $2,121,863 in total.

Other Information

INSURER: Mercury Insurance Group for Estate of Berj Bernard Gabrielyan

Deliberation

four hours

Poll

9-3

Length

four days