Facts

On July 6, 2009, Sophia Medina, 18, was riding a bicycle. A tractor-trailer operated by Alvin Flynn (in the course and scope of his employment for Pile Trucking, Inc.) struck Sophia as she was entering the intersection. Sophia died of her injuries.

Juan and Ramona Medina, Sophia's parents, filed suit against Flynn and his employer for wrongful death.

PLAINTIFFS' CONTENTIONS:
Defendant Alvin Flynn was negligent in making his turn too fast and he should have seen Sophia Medina riding her bike prior to reaching the intersection and starting his turn. Defendant Flynn made a right turn onto Eastbound Olympic and ran over Sophia who had entered the crosswalk on her bicycle either on a flashing pedestrian signal or a red light.

Plaintiffs sought general damages only for the loss of their daughter's love, comfort, companionship, society, affection, solace, advice, counsel, care, protection, and support. Plaintiffs repeatedly demanded the Defendants' $1 million in policy limits. Defendants offered only $300,000. Defendants' motion for a new trial was denied by the Court.

DEFENDANTS' CONTENTIONS:
A tractor-trailer operated by Alvin Flynn passed Medina and then initiated a right turn. As a result, Medina struck the trailer as she road off the sidewalk into the intersection. Medina died of her injuries.

Settlement Discussions

Plaintiffs made CCP Section 998 offers to defendants before removal to Federal Court for the policy limits.

Injuries

Decedent Sophia Medina suffered fatal injuries.

Result

Plaintiff verdict for $3,500,000 or $1,750,000 to each parent. The jury allocated fault 75 percent to defendant Flynn and 25 percent to decedent Sophia Medina. The Medinas were awarded $2.625 million after a reduction of 25 percent for Sophia's comparative negligence.

Other Information

Plaintiff was awarded an additional $347,577 in costs and prejudgment interest.