Facts

Sally Miguel was driving a pickup truck with her sister, Patricia Miguel, and nieces, Mary Miguel and Sara Miguel, in the backseat. They were heading east on the 91 Freeway when their truck was struck head-on by a pickup truck operated by Jessica Sheckell, who was heavily intoxicated at the time. Mary and Sara suffered significant permanent injuries as a result thereof. Sally died instantly, and Patricia was pronounced dead shortly thereafter.

Tyrone Miguel, the decedents' brother and father of the surviving passengers, as well as Victoria Migues, who acted as their guardian, sued Sheckell for negligent operation of a vehicle. The Miguels also sought recovery from the owner of the vehicle, Sonia Rivas. Sheckell did not argue liability, but claimed that neither Mary nor Sara were wearing their seat belts at the time of impact, which contributed to their own injuries. Additional plaintiffs joined the suit. Sheckell's insurer initially refused to tender the policy limits, but later agreed to do so, leaving only the issue on how to allocate the funds.

Damages

Mary sought $72,069 for her total medical expenses, negotiated to $2,613, and unspecified damages for her pain and suffering. Sara sought recovery for $228,221, which was negotiated to $415 as well as unspecified damages for her pain and suffering.

Injuries

Sally suffered blunt force trauma to the torso and lowe extremities, and died instantaneously. Patricia also suffered blunt force trauma to the torso. She was transported to a medical center, but was pronounced dead shortly thereafter. Mary sustained an abrasion and contusion to her left, non-dominant elbow, as well as a displaced fracture of the femoral neck, a lip laceration, broken blood vessels in the nasal area, broken hip, a laceration on her left foot, and fractured teeth, including a broken front tooth. She underwent an open reduction and internal fixation of her neck fracture with multiple pinnings. Marry suffered from a drop leg and a permanent scar on her left hip following surgery. She continued to suffer from occasional complications, including pain from her injuries. Sara sustained a spleen injury, a bruised kidney, a laceration to her chest, a stomach injury, and chronic back and neck pain. She underwent a cystocscopy with bilateral retrograde pyelogram and ultimately required removal of her spleen. She continued to suffer from occasional complications including pain from her injuries as well as continuing back and neck pain.

Result

Sheckell had a $500,000-per-person automobile liability policy, and Rivas had a $15,000-per-person automobile liability policy. Weeks before trial, the parties agreed to drop their suit in exchange for Tyrone Miguel, on behalf of Mary and Sara, receiving $450,000 of the policy, and leaving $50,000 for the remaining claimants. Mary and Sara received $200,000 each. They also received $15,000 from Rivas' insurer.

Other Information

INSURER: State Farm Mutual Automobile Insurance Co. for Jessica Sheckell.