Edurne Garmendia, Stephen Gold v. Mary Lloyd
Published: Jul. 8, 2000 | Result Date: May 10, 2000 | Filing Date: Jan. 1, 1900 |Case number: PC022408 Verdict – $30,000
Judge
Court
L.A. Superior San Fernando
Attorneys
Plaintiff
Defendant
Ronald Zurek
(Wesierski & Zurek LLP)
Experts
Plaintiff
Ronald P. Karzel
(medical)
Donald Titcher
(medical)
Barney Rosen
(medical)
Facts
On Nov. 15, 1997, at approximately 7 p.m., defendant driver, age 18, lost control of her car on the freeway. The
vehicle crashed onto the center divider and came to rest across the car pool lane.
The defendant driver and her passenger stood beside the car in the dark with lights off. While the plaintiffs
approached the next car in the car pool lane, the plaintiffÆs vehicle broadsided the defendantÆs vehicle. The
collision forced the defendantÆs vehicle onto the defendant and her passenger. The defendant was
catastrophically injured. The passenger was propelled up and over the center divider onto the opposite freeway
traffic where she got struck repeatedly and died at the scene of the accident.
The plaintiffs claimed physical injuries, but the primary claim was for emotional distress arising from
observation of the defendantÆs injury and passengerÆs death.
The defendant admitted negligence but contested the nature and extent of plaintiffsÆ damages.
Settlement Discussions
Both plaintiffs demanded $100,000 (policy limit). The defendant offered $30,000 to Garmendia and $50,000 to Gold.
Specials in Evidence
$6,1000 (Garmendia); $4,200 (Gold) $24,000 (Gold) $14,500 (Garmendia)
Injuries
Plaintiff Garmendia sustained injuries to neck, back, shoulder, head and knee. She has ongoing knee complaints and back pain requiring surgery and future psychological therapy. Plaintiff Gold suffered back injuries and emotional distress.
Deliberation
three hours
Poll
12-0
Length
seven days
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