Facts

The suit arose out of a motor vehicle accident that occurred on northbound U.S. 101 near the Turnpike Road exit at approximately 4:50 a.m. on June 24, 2007.

On June 23, 2007, defendant Chad Cope went to a friend's house on Mission Street in Santa Barbara at approximately 3:30 p.m. He parked his car with the intent to stay at his friend's house that evening. Cope was scheduled to be at work at Bacara Resort by 11:00 a.m. the next day. Defendant attended summer solstice events and spent the evening in downtown Santa Barbara. According to plaintiff's counsel, Cope admitted to drinking 10 to 11 beers, five shots of tequila, and multiple margaritas during that time. According to defense counsel, Cope admitted to drinking five shots of alcohol and sharing one pitcher of margaritas. At 2:00 a.m., defendant walked approximately two miles back to the house on Mission Street. He arrived at the house around 2:45 a.m.

When Cope arrived, the house was locked. He tried knocking on the door and calling the people who lived in the house to gain entry. He tried sporadically to reach someone at the house from 2:45 a.m. to 4:30 a.m., and waited sitting on a lawn chair in the front yard. He then returned to his car and attempted to sleep. After resting in his car, defendant felt he was sufficiently sober to drive and decided to drive home.

Defendant fell asleep while driving his Toyota 4Runner on northbound U.S. 101 near the Turnpike Road exit at speeds in excess of the 65 mph speed limit. According to plaintiff's counsel, defendant was traveling in excess of 90 mph. Defendant's vehicle struck the rear of plaintiff Nell Weiss' vehicle, which was driven by plaintiff's friend, Harriet Humphries. Defendant was found to have a blood alcohol level of .24 (per a breath test at the scene), and was arrested for driving under the influence. Defendant's blood was subsequently drawn and his blood alcohol level was measured at .25.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant Cope knew at the time that he started drinking on Saturday, June 23, 2007, at 3:30 p.m. that he would be required to return to Isla Vista to retrieve his work clothes, get ready for work, and then drive to Bacara Resort by 11:00 a.m., Sunday morning. Plaintiff argued through expert toxicologists that at 10:00 a.m. Sunday morning, Cope's blood alcohol level was between .17 percent to .19 percent. Thus, Cope had the intent to drive under the influence of alcohol at the time he began drinking, establishing plaintiff's claim of punitive damages.

DEFENDANT'S CONTENTIONS:
The defendant conceded he was negligent but disputed that plaintiff was entitled to punitive damages, as he did not intend to drive when he began drinking on June 23, 2007. The defendant argued, through the expert toxicologists, that he reasonably felt sober enough to drive after three hours passed since he last consumed alcohol. While defendant was scheduled to be at work at 11 a.m. on June 24, 2007, the defense argued that defendant could have called in sick if needed.

Settlement Discussions

At mediation, defendant offered $75,000 to settle. The plaintiff countered with a demand for $240,000. At the mandatory settlement conference, the defendant offered $100,000 to settle. The plaintiff countered with a demand for $250,000 (policy limit). The defendant made a statutory offer 10 days before trial to settle pursuant to C.C.P. Section 998 in the amount of $125,000. The defendant's final offer was $180,000, the day before trial. The plaintiff countered with a demand of $255,000.

Specials in Evidence

$23,480

Damages

The plaintiff claimed $21,816 in medical and living expenses, and made a claim for punitive damages due to defendant's intoxication.

Injuries

The plaintiff, age 84, sustained soft tissue injuries as well as abrasions and lacerations to her forearm and left ankle. Her ankle later became infected and plaintiff was diagnosed with cellulitis, which required surgery. She was treated at the emergency room twice and released on the day of the accident. She was later treated in Mississippi by her orthopedist, and her ankle was surgically drained. At the time of trial, plaintiff claimed to continue to have symptoms related to her collision related injuries.

Result

The jury awarded plaintiff $23,480 in past economic loss (medical expenses and household services), $15,000 in past non-economic loss, and $10,000 in future non-economic loss for a total verdict of $48,480. The jury found that Chad Cope did not engage in the conduct with malice, oppression or fraud. Thus, no punitive damages were awarded.

Other Information

POST-TRIAL PROCEEDINGS: According to plaintiff's counsel, plaintiff anticipates filing a motion for new trial based on the insufficient damage award. Plaintiff will seek costs along with attorneys fees permitted pursuant to C.C.P. Section 1024.1, which allows such fees against a defendant whose tortuous conduct is committed during the commission of a felony for which he is convicted. According to defense counsel, the defense plans to seek costs and expert fees pursuant to C.C.P. Section 998. FILING DATE: June 5, 2008.

Deliberation

2.5 hours

Length

six days