Facts

On Feb. 28, 2010, Randy Hernandez, 20, had been in a collision with Eric Lauderdale. The accident resulted in Hernandez's Land Rover and Lauderdale's Cadillac being disabled in the number one lane of the southbound 110 freeway. Later in the pre-dawn hours, Deputy Ted Broadston was driving an unmarked Crown Victoria on the southbound 110 freeway in downtown Los Angeles when he came upon the accident and collided with the right rear of the Cadillac, striking Hernandez in the process.

Plaintiff Jocelyn Hernandez, a minor, sued the County of Los Angeles for the wrongful death of her father, Randy Hernandez. The decedent and Jocelyn's mother, Debbie Castaneda, were not married and did not live together. Plaintiff was living with her mother.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the Land Rover was south of the Cadillac, with its headlights facing northbound. The Cadillac was in the number one lane. Eyewitnesses said that the Cadillac's emergency flashers were on. The deputy hit the right rear of the Cadillac at full speed and then hit Hernandez who had exited his Land Rover and was standing between it and the median barrier.

Plaintiff contended that the deputy was traveling 82 mph and that he failed to keep a proper lookout. The deputy should have been traveling slower and that he should have seen the headlights and emergency flashers in the number one lane ahead of him.

DEFENDANT'S CONTENTIONS:
The deputy claimed that he was traveling 55-60 mph and that he had just checked his speedometer. He claimed he could not remember seeing headlights or emergency flashers in the lane in front of him.

Defendant argued that an off-duty deputy in his own truck hit the Cadillac shortly after Deputy Broadston had hit the Cadillac, demonstrating the difficulty in avoiding the Cadillac. The off-duty deputy claimed he could not remember seeing headlights or emergency flashers in the lane in front of him. The driver of the Cadillac testified that he and Hernandez exited their cars and stood in front of the Land Rover's headlights, drinking soda. Defendant further claimed that the decedent negligently exited his vehicle allowing him to be hit by the deputy's vehicle.

When the deputy's car struck the Cadillac, his airbag deployed and he could not see. His car rode between the concrete center median and the Land Rover, striking Hernandez in the process. The deputy's car did not touch the Land Rover and had Hernandez remained in the Land Rover, he would have lived. Defendant argued that it had no liability and that the driver of the Cadillac and decedent were responsible for the collision and for decedent's death.

Settlement Discussions

The county offered $1 million to settle.

Result

The jury found the county of Los Angeles 40 percent negligent and Lauderdale 60 percent negligent. The jury awarded plaintiff $3 million (gross), $1.2 million (net). The verdict was for past and future non-economic damages only, as plaintiff waived economic damages.

Other Information

This was a retrial. In the first trial, evidence of decedent's marijuana usage was admitted into evidence over plaintiff's objections. Plaintiff appealed. The Court of Appeal found the evidence of marijuana should not have been admitted and ordered a retrial in the published decision of Hernandez v. County of Los Angeles (2014) 226 Cal.App.4th 1599. Plaintiff Marta Hernandez dismissed her claims during the appeal. Plaintiffs dismissed Dep. Broadston before the first trial. EXPERT TESTIMONY: Defendant's experts claimed that the deputy could have been traveling 55-60 mph and that the accident was unavoidable. Defendant's experts claimed that the deputy would not have had sufficient time to avoid a stopped vehicle in the number one lane of the freeway in the pre-dawn hours and that the Cadillac would have been "washed out" by the Land Rover's headlights. Defendant and its experts argued that decedent negligently exited his Land Rover, allowing him to be hit by the deputy's vehicle. Plaintiff argued that under the circumstances, it was reasonable for decedent to exit his vehicle and that decedent was standing in a protected area prior to the arrival of the deputy's vehicle. All experts acknowledged that the Land Rover was not hit by the deputy's vehicle and that had decedent remained in the Land Rover, he would not have been harmed. FILING DATE: Oct. 26, 2010.

Deliberation

2.5 days

Poll

9-3

Length

nine days