Facts

On Feb. 19, 2007, plaintiff Loraine Wong drove her daughters Kendall Ng and Sydney Ng in the backseat of her car a few blocks away from her home in Redwood City. She approached a stop sign at the intersection of Santa Clara and Woodside (State Route 84), intending to make a left turn. As she approached the stop sign, she was speaking on her handheld cell phone. Wong stopped at the stop sign and did not see any oncoming traffic, so she commenced the left turn.

Defendant Richard Tom was traveling eastbound on Woodside approaching the intersection. Traffic on Woodside does not have a stop sign and has the right-of-way. As Ms. Wong was making her left turn, his car broadsided hers.

Sydney, 8, was killed in the crash. Loraine Wong and Kendall, 10, were injured.

Loraine Wong, Kendall Ng, and Mark Ng (Kendall and Sydney's father and Loraine Wong's husband) are the plaintiffs.

Loraine Wong brought causes of action for wrongful death, negligent infliction of emotional distress, and personal injury.

Mark Ng brought causes of action for wrongful death and loss of consortium. Kendall Ng brought a cause of action for personal injury.

Defendant Richard Tom brought a cross-complaint against Loraine Wong alleging comparative fault and seeking indemnity and contribution.

PLAINTIFF'S CONTENTIONS:
Plaintiffs argued that defendant was going at least 67 mph at the time of the crash and that information from his vehicle's diagnostic recording system showed that defendant was going up to 85 mph within one kilometer of impact. They also argued that Wong's failure to see defendant's vehicle was not negligent because defendant was so far away from the intersection when she pulled out that, had he been going the speed limit, he would not have been an immediate hazard. Plaintiffs finally argued that defendant's blood alcohol was between .09 percent and a .10 percent at the time of the crash.

DEFENDANT'S CONTENTIONS:
Defendant did not contest negligence but argued that Wong was comparatively negligent because she was on her handheld cell phone and never saw his car before she pulled out into his path.

Defendant and his expert claimed that he was going about 50 mph, which is consistent with the flow of traffic on Woodside. He also claimed that he had the right-of-way and that he was so close to the intersection when Wong pulled out that he did not have time to react.

Defendant admitted that he had been drinking before the crash but argued that his blood alcohol content was less than a .05 percent.

Injuries

Wong sustained two fractured ribs, a fractured pinky, a shoulder sprain, abrasions to her face, and severe bruising on the left side of her body. She also suffered severe emotional distress as a result of seeing her daughter killed. Kendall Ng sustained a fractured left arm, neurological symptoms in her right leg and neck, and a laceration across her forehead that required 25 stitches and left a scar.

Result

Plaintiffs' verdict for $7,363,761 ($105,761 in economic damages for medical bills, lost wages, and funeral and burial expenses; $2.5 million in non-economic damages to Loraine Wong for her personal injury and negligent infliction claims; $500,000 in non-economic damages to Kendall Ng for her personal injury claim; $250,000 to Mark Ng for his loss of consortium claim; $2.5 million in past non-economic damages to Loraine Wong and Mark Ng for the wrongful death claim; $1.5 million in future non-economic damages to Loraine Wong and Mark Ng for the wrongful death claim; $8,000 in punitive damages).

Other Information

The parties discussed a stipulated judgment for $3 million, but could not agree on the language to be used. FILING DATE: Aug. 3, 2007.

Deliberation

1.5 days (compensatory), one hour (punitive)

Poll

12-0 (liability), 9-3 (comparative), 9-3 (punitive), varied (compensatory)

Length

four weeks