Barbara Ruano v. David Palafox, German Deleon, Association of Independent Taxi Owners
Published: Mar. 17, 2012 | Result Date: Feb. 3, 2012 | Filing Date: Jan. 1, 1900 |Case number: BC452164 Verdict – $895,920
Court
L.A. Superior Central
Attorneys
Plaintiff
Douglas B. Vanderpool
(The Vanderpool Law Firm)
Defendant
Tioni A. Phan
(Gilsleider, McMahon, Molinelli & Phan)
Experts
Plaintiff
Stefanie Bennett
(medical)
Pablo Pazmino M.D.
(medical)
Danielle Marie G. Nelson
(medical)
Defendant
Michael N. Brant-Zawadzki M.D.
(medical)
Kevin J. Triggs
(medical)
Facts
Barbara Ruano was driving through an intersection when she collided with a taxi cab operated by David Palafox. Ruano sued Palafox; the owner of the taxicab, German Deleon; and their employer, the Association of Independent Taxi Owners. She alleged that Palafox had been negligent in the operation of his vehicle and that Deleon and the taxi company were vicariously liable.
Contentions
PLAINTIFF'S CONTENTIONS:
Ruano claimed that Palafox had run a red light and caused the accident. An eyewitness was presented who corroborated Ruano's account of the accident.
DEFENDANT'S CONTENTIONS:
Defendants argued that Ruano caused the accident by running a red light.
Settlement Discussions
Plaintiffs made a policy limits demand of $99,999.00, which was rejected. Mercury's best offer prior to trial was $40,000.
Damages
Plaintiff requested $62,730 for past medical costs, $996,000 for future medical costs, $200,000 for past lost earnings, $800,000 for future lost earnings, $188,190 for pain and suffering, and $996,000 for future pain and suffering.
Injuries
Ruano underwent an MRI which revealed bulging cervical and lumbar discs. She treated conservatively for two years with chiropractic care and acupuncture. She claims she continues to deal with pain and discomfort and will require disectomy procedures. She also claimed she missed four months of work before deciding to close down her business because of her inability to work full-time. She claims she can no longer perform as an industrial artist.
Result
The jury found that defendants were 100% at fault and awarded Ruano $895,920 in total damages.
Deliberation
half day
Length
four days
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