Facts

Azucena Covarrubias, Severino Covarrubias, and Margarita Covarrubias sued the County of Monterey, and Matthew Pierce, in connection with an accident.

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that Azucena was disabled, and had to utilize a cane to move about. Plaintiff Margarita alleged that she drove her mother, Azucena, her daughter and young nephew to Toro Park in Salinas. She parked at a handicapped parking spot, and as Azucena exited the vehicle, she was struck by a pickup truck driven by Pierce, a park ranger for the county, and he ran over Azucena's right foot. The impact caused Azucena to be knocked to the ground, causing injuries to her elbow.

Plaintiffs alleged negligence and vicarious liability. Azucena's husband, Severino, filed a claim for loss of consortium.

DEFENDANTS' CONTENTIONS:
Defendants argued that Azucena was partly at fault for her injuries for being inattentive. Defendants disputed Azucena's claimed need for attendant care, arguing that she would have needed it regardless of the accident. Defendants also disputed Margarita's claimed damages, arguing that she had a long history of psychological issues.

Damages

Azucena requested $118,279 for past medical expenses, $1 million for future medical expenses, and an unspecified amount for past and future pain and suffering. Margarita requested damages for severe emotional distress. Severino sought recovery for his loss of consortium claim.

Injuries

Azucena claimed she sustained a crush injury to her right foot, and that she had fractured her left elbow from the fall. She underwent several surgeries on her foot that ultimately led to amputation of all her toes. Margarita suffered from severe emotional distress from witnessing Azucena's accident. She received months of psychiatric care.

Result

The parties reached a $2,474,000 mediated settlement. Azucena received $2.174 million of the total settlement, while Margarita and Severino each received $150,000.