Facts

On Nov. 27, 2002, in the city of Anaheim, defendant Jose Chavez, a 55-year-old garbage truck driver, was traveling northbound on Olive Avenue and made a right turn onto eastbound Sycamore when he collided with plaintiff Ricardo Ureno, 13, who was on his bicycle crossing the intersection northbound on Olive.

Chavez was within the course and scope of his employment with defendant Taormina Industries, LLC (dba Anaheim Disposal) at the time.

PLAINTIFF'S CONTENTIONS:
The plaintiff alleged that Chavez was negligent because he failed to keep a proper lookout for children on bicycles in a residential area, and also failed to make a complete stop before starting his turn.

DEFENDANT'S CONTENTIONS:
The defendants contended that plaintiff was negligent and caused his own injuries; that plaintiff was traveling westbound on the sidewalk on the south side of Sycamore when he jumped off the curb and into the street colliding with the truck and causing the accident.

The defendants also cross-complained against the parents of the 13-year-old child contending that they were negligent in allowing their child to travel on his bicycle to and from school approximately 2.5 miles in each direction on public streets without proper instruction or training on the rules of the road. The plaintiff had only ridden his bike alone on public streets in the United States for the three days prior to the accident.

Settlement Discussions

The plaintiff made a C.C.P. section 998 demand for $425,000. The defendant made a C.C.P. section 998 offer of $75,000.

Specials in Evidence

$122,232 (past); $6,000 (vocational counseling) Loss of earnings at $12,584. Future earnings at $50,208 (as per plaintiff's counsel); $1,089,055 (as per defense counsel). $60,000 (as per plaintiff's counsel); $161,000 (as per defense counsel)

Injuries

The plaintiff sustained non-displaced fractures to his pelvis at the left inferior pubic rami and left acetabular regions. No surgical intervention was required for the injury and treatment consisted of immobilization and pain management. The fractures healed uneventfully within a few months after the accident and there were no arthritic changes or functional problems resulting from the injury. Following the accident, however, a seroma/hematoma developed in plaintiff's left thigh causing the thigh to swell significantly. The seroma/hematoma was surgically evacuated approximately six months after the accident, leaving a 10-inch surgical scar on his thigh. The plaintiff also had a circular tennis ball size scar on his left upper arm measuring three inches in diameter from an unknown cause, but related to the accident. The plaintiff claimed that for a year after the accident, he experienced regular bed-wetting and nightmares.

Result

Verdict for $888,232 ($188,232 economic; $700,000 non-economic).

Other Information

The jury voted 9-3 for the plaintiff and found defendant, Jose Chavez and Taormina Industries LLC 100 percent negligent attributing 0 percent fault to plaintiff and 0 percent fault to his parents who were cross-defendants in the action. Defendants will be filing a motion for new trial. EXPERT TESTIMONY: Plaintiff's orthopedic expert, Thomas Grogan, M.D., testified that plaintiff developed an abnormal gait post-surgery due to scar tissue formation in his left thigh that tethered to the muscles in the left thigh. Dr. Grogan recommended a scar revision surgery to remove the scar tissue, which would not only result in a cosmetic improvement, but would also free the scar tissue from the musculature and improve plaintiff's gait. Defendant's orthopedic expert, Brian Solberg M.D., and plaintiff's treating physician at Kaiser both testified that plaintiff required no future treatment or surgery and that, at the time of plaintiff's last follow up, there were no functional limitations noted. Dr. Solberg claimed that plaintiff's abnormal gait was due to his weight and not to the accident. Plaintiff's expert psychologist, Cliff Sabath, Ph.D., testified that the emotional problems related to the accident caused plaintiff to perform poorly at school and become socially isolated. Dr. Sabath claimed that plaintiff suffers from PTSD and recommended future psychological counseling once a week for two years. The defendants claimed that plaintiff was treated appropriately by his Kaiser psychologist and psychiatrist for one year and was discharged at age 14 with a good prognosis and no limitations. Further, they claimed plaintiff never returned for any future treatment or care over the last five years, and therefore, does not require any future treatment. Finally, plaintiff's experts claimed that due to plaintiff's physical limitations and emotional problems, he was unable to secure employment after high school at the level of an average high school graduate. After plaintiff graduated from high school, he was only able to secure a job holding up a sign for apartment buildings on a street corner. He worked weekends 10 hours per week and earned only $10 per hour. As a result, plaintiff's experts claimed he lost $12,589 in past loss of earnings and will lose an additional $50,208 in the future for the two years it will take for plaintiff to undergo the psychological counseling and surgery he required. Plaintiff's vocational expert further contended that plaintiff required $6,000 for vocational counseling. The plaintiff had no work history as he was 13 years old at the time of the accident.

Deliberation

one day

Length

2.5 weeks