Facts

On Dec.6, 2011, Maria Nataly Sanchez-Chavez, 17, was struck and injured while she was walking with her father Rigoberto Sanchez in a crosswalk located at the intersection of North G Street and West Rialto Ave., in San Bernardino. They sued Chavez, the driver of the truck that struck Sanchez-Chavez, and his employer, the City of San Bernardino Municipal Water Department.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that Chavez negligently operated his vehicle and that his employer was vicariously liable.

DEFENDANT'S CONTENTIONS:
Chavez contended plaintiff was wearing black while walking the crosswalk where the sun cast a dark shadow and blinded the driver. According to defense ax recon's calculations, she should have seen the truck approaching the intersection and she should not have attempted to cross.

Settlement Discussions

Plaintiff made a CCP 998 demand of $750,000. Defense's offer at mediation was for $30,000, via 998 defense offered $350,000, three weeks prior to trial.

Injuries

During surgery, plaintiff's surgeon noted she was missing a dime size area of cartilage in the weight-bearing region of the femoral-tibial joint. Arthroscopy photos were presented at trial showing the bare bone. Three years post collision plaintiff claimed she suffered chronic pain and knee swelling. Both plaintiff and defense experts agreed she would require two total knee replacements during her lifetime, but would have to wait until age forty for her first replacement due to inherent and increased risk of knee replacement revisions.

Result

The judge found that defendants were negligent, and awarded Sanchez-Chavez $2,883,957 in damages.

Other Information

FILING DATE: Oct. 1, 2012.