Stacy Cornette, Rodney Cornette v. State of California
Published: May 11, 2004 | Result Date: Mar. 12, 2004 | Filing Date: Jan. 1, 1900 |Case number: BC081191A Verdict – $5,673,790
Judge
Court
L.A. Superior Lancaster
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Barry Wallman
(medical)
Vivek Savur
(medical)
Harry J. Krueper Jr.
(technical)
Defendant
Clay A. Campbell
(technical)
Edward Nahabedian
(technical)
Richard N. Smith
(technical)
N. Paul Rosenthal
(medical)
Facts
On May 23, 1992, the plaintiffs, Stacy and Rodney Cornette, were driving northbound on the Antelope Valley freeway near Palmdale when a Chevy Vega with bald tires, driven by an illegal alien with no driver's license, registration or insurance, blew a tire, lost control and collided with the plaintiffs' vehicle. This collision forced the plaintiffs' vehicle across the dirt median into oncoming traffic where it was struck by a southbound pick-up truck.
Specials in Evidence
$406,070 (Stacy); $396,619 (Rodney) $16,800 (Rodney)
Injuries
The plaintiff Stacy Cornette was burned in the ensuing fire and underwent numerous reconstructive surgeries. She has 30 percent function of her right hand. The plaintiff Rodney Cornette suffered various fractures including his jaw, ribs, pelvis, skull and leg. He was off work for nine months. The couple had three children since the accident.
Other Information
The case was originally tried in 1998 in downtown Los Angeles. The trial judge found for the state based on the law on design immunity. The plaintiffs appealed and the Supreme Court granted a review. In Cornette v. State of California (2001) 26 Cal. 4th 63, the high court reversed decades of precedents requiring the changed conditions exception to design immunity to be tried to the court and unanimously announced that the plaintiffs were now entitled to jury trials. The subject suit was a retrial of that case, but now the case was tried by an Antelope Valley jury. This jury found 100 percent liability on the defendant State, 0 percent comparative and 0 percent Prop. 51 on the driver of the Vega or the pick-up truck.
Deliberation
two days
Poll
12-0
Length
four weeks
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