Facts

Plaintiff Miguel Lopez-Coronado was sitting in a chair in his front yard watering his grass when struck by a hit and run vehicle. Defendant driver, Jose Barajas, did not stop to assist plaintiff. Barajas attempted to burn his sister's vehicle the next morning. Part of the license plate frame was left at the scene. The remaining license plate frame was still on the burned vehicle when discovered by the police.

This civil action was brought for personal injuries. There were no eyewitnesses to the hit and run accident or arson to the vehicle.

The defendants and four passengers retained criminal counsel immediately and pled the Fifth Amendment due to criminal charges, which were subsequently dismissed.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Barajas was the primary driver of the vehicle.

DEFENDANT'S CONTENTIONS:
Defendant contended there was no proof that he was operating the vehicle at the moment of impact.

Settlement Discussions

Defendant offered $30,000 for driver and owner, however refused to admit defendants were owner or driver of subject vehicle involved in the hit and run accident.

Specials in Evidence

$155,240

Injuries

The neighbor found plaintiff bleeding with open fractures to his lower extremities. Plaintiff sustained multiple fractures and vascular injuries to both lower extremities. Left leg was subsequently amputated above the knee.

Result

Verdict for plaintiff for $2,655,240.

Other Information

Jury found through circumstantial evidence only that Barajas was the driver of the hit and run vehicle responsible for plaintiff's injuries. The two defendants in this matter, Guadalupe Lopez and Jose Barajas, brother and sister, had a $30,000 policy on the vehicle allegedly involved in the incident. The $15,000 had been on the table prior to the filing of the lawsuit. Defendant Lopez had accepted the plaintiff's $15,000 CCP 998 offer and as such, only defendant Barajas remained as a defendant at the time of verdict. Barajas is a migrant farm worker. FILING DATE: Jan. 13, 2011.

Deliberation

two hours

Length

four days