Facts

Gina Figuerres accidentally lodged her dog's head in the window of her car, causing the dog to choke. Steven Carroll responded to Figuerres' hysterical cries for help. He attempted to power the window down, but it would not budged. Desperate, he pulled on the windows with both hands, causing the windows to break. The dog was saved, but the force used to pull the window free caused Carroll to fall and fracture his ankle in three places. Later, Figuerres wrote Carroll a note thanking him and saying she was sorry that her negligence caused his injury. Carroll thereafter sued Figuerres under Civil Code Section 1714 and the rescue doctrine.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff was comparatively negligent.

Damages

Carroll sought $422,000 in total damages, including over $61,252 in past medical costs; $18,245 in future medical costs; and $125,000 in past lost wages.

Injuries

Carroll was subsequently transported to a hospital via ambulance. He sustained a trimalleolar fracture to his right ankle, and underwent surgery one week later. Carroll continued to suffer permanent pain and difficulty walking. He was unable to work for 14 months due to the swelling and pain in his ankle.

Result

The jury found Figuerres 90 percent at fault and Carroll 10 percent comparatively liable. The jury also found Carroll's damages totaled $160,000, which was reduced by $5,000 per the parties' stipulation and further reduced by the comparative-liability offset. Carroll's net recovery was in excess of $140,052, including $61,252 for past medical cost; $15,000 for future medical cost; $34,362 in lost earnings; and $25,000 each in past and future non-economic damages.

Deliberation

90 minutes

Poll

9-3

Length

four days