Facts

Plaintiff Lady Audree Rebecca Hernandez and her 3-year-old daughter Miranda Palacios were struck by a hit-and-run driver, while walking across a crosswalk in Orange County. Plaintiff's daughter was killed during the accident.

Plaintiff filed suit against the County of Orange, defendant driver Carlos Parra, and Erica Nunez Parra. Nunez Parra was sued as the owner of defendant driver's vehicle, however Carlos Parra was determined to be the owner and Nunez Parra was dismissed from the action.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended the school crosswalk was poorly signed and marked and that the dangerous condition was a substantial factor in the cause of the collision. Plaintiff claimed the driver was also negligent.

DEFENDANT'S CONTENTIONS:
The county contended that the failure to sign or mark the crosswalk was not a substantial factor in the cause of the collision and that the sole cause of the collision was the inattention of the driver and pedestrian. Shortly after the crash, the county made repairs to the intersection, including repainting the crosswalk, installing additional street lighting and warning signs, and adding an in-pavement flashing system.

Settlement Discussions

Plaintiff's last CCP 998 demand to the county was $1.75 million. There was no offer from defendants.

Specials in Evidence

$101,758 $1,842,428

Injuries

Plaintiff claimed she suffered fractures to her foot, ankles, leg, knee, pelvis, arm, elbow and shoulder. Plaintiff also suffered depression as a result of the accident.

Result

Plaintiff was awarded $7,431,115, which included plaintiff's total economic damages of $1,944,186.09, and total non-economic damages of $2,325,000. With regard to plaintiff's loss of her daughter, Miranda Palacios, she was awarded total economic damages of $11,929.22, and total non-economic damages of $3,150,000. The court bifurcated liability and damages. The jury found the hit-and-run driver negligent in the accident, but found the County of Orange shared liability because of the dangerous condition of the crosswalk. The jury found the driver 75 percent liable, the county 20 percent liable, and plaintiff 5 percent liable.

Other Information

Two mediations were held before Gary Donovan of Judicate West. FILING DATE: Sept. 19, 2012.

Deliberation

two days

Length

three weeks