Facts

This case arises from an intersection collision occurring on April 4, 2002 at the intersection of Santa Monica Boulevard and Sawtelle Boulevard in Los Angeles. Plaintiff, 34, a former massage therapist who was disabled in 1998 due to a prior motor vehicle accident, asserted that she made a protected left turn on a green arrow and that the defendant, Robert Ayala, ran a red light or was otherwise negligent, resulting in the collision and plaintiff's alleged injuries and damages.

Defendants Ayala and Ayala's employer, Sehmi Motors, Inc., asserted that the plaintiff caused the accident by making an unsafe left turn into the path of approaching traffic.

Settlement Discussions

The defendants offered $550,000, which plaintiff rejected over the advice of her then attorney. That attorney withdrew from the case, leaving her in pro per. The offer was withdrawn. Plaintiff's current counsel substituted in prior to the expiration of the five-year statute. At the start of jury deliberations, plaintiff, for the first time, authorized her attorney to make a policy limit demand of $1 million.

Injuries

The plaintiff alleged permanent injuries to the thoracic spine, coccyx, sciatic nerve and peripheral nerves resulting in bladder dysfunction, pelvic floor myalgia, vaginal numbness and significant functional disabilities. The plaintiff asked the jury for an award of approximately $6.3 million to $7,625,000, seeking $104,015 in medical specials and loss of earning capacity.

Result

The jury returned a unanimous defense verdict.

Other Information

The issues in dispute included liability and injury causation but the jury never actually decided the causation issues as a unanimous defense verdict was returned on liability. Plaintiff has been involved in at least four motor vehicle accidents before this accident and two after this accident. The one in 1998 resulted in cervical fusion and chronic pain. FILING DATE: March 27, 2003.

Deliberation

five hours

Poll

12-0

Length

seven days