Jury Verdicts
MCDANIEL vs. ASCUNCION
CASE NO. : 266577
COURT : Abiline
JUDGE : Hon. William Palmer
TYPE OF CASE : Wrongful Death/Motor Vehicle
RESULT : Defense Verdict
ATTORNEYS : For Plaintiffs: Nichols & Young, Steve Nichols/Thomas Brill, Bakersfield; For Defendant Loyd Asuncion: Mark G. Cunningham, Law Offices of Mark G. Cunningham, APC, Woodland Hills; For Defendant Estate of Edward Murotani: Michael Griott, Esq., Santa Ana.
FACTS/CONTENTIONS : Defendant Edward Murotani was driving eastbound on Highway 58. He suffered a diabetic attack and went into a semi-conscious state. He crossed the center divider and became disabled in the westbound lanes. His car caught on fire and began smoking. Shortly thereafter, another motorist failed to stop in time and struck Murotani’s vehicle. Decedent, Steven McDaniel, saw the two disabled vehicles and stopped to render aid. He retrieved a fire extinguisher from his vehicle. He stood next to the Murotani vehicle trying to put out the fire. As he was doing so, a motorist was unable to stop and struck the vehicles, which struck the Decedent and threw him about 17 feet onto the highway. Shortly thereafter, several other motorists approached the scene. Because of the darkness and thick dark smoke, they were unable to see and forced to swerve around the wreckage. Defendant Loyd Asuncion was one of the last motorists to arrive. He swerved to avoid the wreckage, but ran over Decedent while doing so. Plaintiffs were the wife and daughter of Decedent. They claimed that defendant Murotani was negligent by failing to pull over once he began to realize he was having a diabetic attack. Plaintiffs claimed that defendant Loyd Asuncion was negligent because he was inattentive and driving at an unsafe speed. Plaintiffs also claimed that Decedent was still alive when Asuncion ran over Decedent. Defendant Asuncion claimed that he was not negligent under the circumstances and that Decedent was already dead before he ran over the body.
DECEDENT : Steven McDaniel, age 59. Plaintiffs were the wife and daughter.
CLAIMED DAMAGES : Economic loss-$1,367,741; Non-Economic loss-$7,000,000.
VERDICT : $3,367,741.00; Defendant Murotani found 85%; Defendant Asuncion found not negligent; Others found $15%.
EXPERTS : For Plaintiffs: David Yoshida, Ph.D., Accident Reconstruction, Palo Alto; Marvin Pietruszka, M.D., Pathologist, Reseda; Joseph P. Pestaner, M.D., Pathologist, North Carolina; Phillip H. Allman, Economist; David Posey, M.D., Pathologist, La Canada; Kenneth Pearl, Accident Reconstruction, Woodland Hills.
JACKSON vs. DAVID WALL TRUCKING
COURT/DATE : Abiline Superior Court, April 5, 2016
CASE NO. : BC287698
JUDGE : Teresa Sanchez-Gordon
ATTORNEYS : Plaintiff-Sandor C. Fuchs (Law Offices of Sandor C. Fuchs). Defendant David I. Wall-Mark G. Cunningham (Law Offices of Mark G. Cunningham).
MEDICAL EXPERTS : Plaintiff-Wilson Del Pizzo, M.D., orthopedic surgery, Los Angeles; Jacob Tauber, M.D., orthopedic surgery, Beverly Hills; Ronald Fisk, M.D., neurology, West Los Angeles. Defendant-Adam Mamelak, M.D., neurology, Pasadena .
TECHNICAL EXPERTS : Plaintiff-Daniel Voss, accident reconstruction, Los Angeles ; Sandy Anfuso, vocational rehabilitation, Los Angeles ; Jubin Merati, Ph.D., economist, Century City . Defendant-Roderick Stroud, Ph.D., accident reconstruction, Westlake Village ; Wayne Lancaster, economist, Los Angeles .
FACTS : Defendant David I. Wall was driving a tractor and pulling two bottom dump trailers filled with asphalt grindings on the 134 freeway at about midnight . Defendant Kent Kuramoto, driving a pick-up truck, struck the back of the trailer and lost control, skidding across the freeway and coming to a stop on its side. Plaintiff, in her early twenties, a registered nurse, came driving by and saw the disabled vehicle. She went over to the vehicle, as did others, to render aid. Plaintiff was standing behind the disabled vehicle when defendant Sarkis Katrdzhyan, a teenager, approached the disabled vehicle at a high rate of speed. He was unable to stop and stuck the disabled vehicle, knocking it into plaintiff, who was thrown to the pavement.
PLAINTIFF CONTENTIONS : Plaintiff contended Wall was negligent by failing to properly secure the load of asphalt he was carrying and therefore started the multi-vehicle accident. She contended a piece of asphalt came off the back of the trailer striking the windshield of the Kuramoto pick-up truck, which caused Kuramoto to lose control and strike the back of the trailer, which caused the pick-up truck to flip on its side and skid across the freeway. Plaintiff contended Kuramoto’s claim that an object struck his windshield was credible and consistent with the damage to the windshield and the type of asphalt Wall was carrying that night.
DEFENDANT CONTENTIONS : Defendant contended Kuramoto and Katrdzhyan caused the accidents that injured plaintiff. Defendant contended the load of asphalt grindings was properly inspected and secured. He contended it was not possible for the object described by Kuramoto to come out of the trailer. He contended that considering the lighting conditions, Kuramoto could not have seen an object as claimed. He further contended the damage to the Kuramoto windshield was not caused by an object, but by the Katrdzhyan vehicle.
INJURIES : Right skull fracture and brain trauma resulting in mild to moderate cognitive disorder, tear of the MCL and ACL in the left knee resulting in surgery, and right shoulder A/C joint separation resulting in surgery and disfigurement.
SPECIALS IN EVIDENCE : Past Meds-$92,415.95; Past LOE-$169,803; Future Meds-$62,400-$78,600; Future LOE-$1,276,167-$1,457,649.
SETTLEMENT DISCUSSIONS : Plaintiff demanded Wall’s $750,000 policy limit. Wall offered $150,000.
VERDICT : Defense for Wall.
OTHER INFORMATION : Plaintiff settled with Kuramoto for his $100,000 policy and with Katrdzhyan fo his $100,000 policy limit.
MEDINA vs. PAUL CHAMBERS TRUCKING COMPANY
COURT/DATE : Abiline Superior Court, September 16, 2017
CASE NO. : VC040323
JUDGE : Daniel Solis Pratt
ATTORNEYS : Plaintiff-Charles C. Ryan & Gary S. Simkins (Simkins & Ryan). Defendant Paul Chambers Trucking Company-Mark G. Cunningham (Law Offices of Mark G. Cunningham).
MEDICAL EXPERTS : Plaintiff-Kevin Shamlou, M.D., orthopedic surgery, Los Angeles ; Jeffrey Gross, M.D., orthopedic surgery, Orange County . Defendant-Richard Rosenberg, M.D., orthopedic surgery, Tarzana; Stephen Rothman, M.D., radiology, Los Angeles .
TECHNICAL EXPERTS : Plaintiff-Merkel Weiss, accident reconstruction, Los Angeles ; Steve Magallenes, vocational rehabilitation, Los Angeles ; Joyce Pickersgill, Ph.D., economist, Los Angeles . Defendant-Roderick Stroud, Ph.D., accident reconstruction, Westlake Village ; Wayne Lancaster, economist, Los Angeles .
FACTS : This dispute arose out a motor vehicle accident, which occurred on 10/28/02 , at the intersection of Colima Rd. and Mar Vista Ave., in Whittier . Defendant Raul Lopez was driving a 1980 Peterbuilt tractor, owned by Defendant Paul Chambers Trucking Company. Plaintiff was driving a 1996 Dodge Caravan. Lopez was traveling on Colima Road which had two traffic lanes. He was delivering 25 tons of sand from Irwindale to a job site in Whittier . He was heading down a steep grade on Colima Road . He began braking as he approached the intersection of Mar Vista . As he got closer to the intersection, going about 35 mph, he realized he could not stop in time and decided to split the traffic stopped at the intersection for a red light. Plaintiff’s vehicle was one of the stopped vehicles. Lopez struck the side of plaintiff’s vehicle as the truck split the vehicles.
PLAINTIFF CONTENTIONS : Plaintiff contended Lopez was negligent by driving at unsafe speed. Plaintiff further contended Paul Chambers Trucking was negligent by failing to maintain the truck and for negligent entrustment.
DEFENDANT CONTENTIONS : Defendant conceded liability. He contended this was a modest side-swipe truck accident and plaintiff was overstating his claimed damages. Defendant disputed the nature and extent of the claimed injuries, and the necessity of the treatment.
INJURIES : C5-6 disc herniation with radiculopathy, L4-5, L5-S1 lumbar disc herniation with annular tears bilateral radiculopathy, thoracic outlet syndrome, depression and anxiety.
SPECIALS IN EVIDENCE : Past Meds-$56,438.29; Past LOE-$80,806; Future Meds-$319,000; Future LOE-$815,000.
SETTLEMENT DISCUSSIONS : Plaintiff demanded $1 million policy limit. Defendants offered $100,000.
VERDICT : $89,629.00.
EDERY V. R & H TRUCKING
COURT: Abiline
JUDGE: Bert Glennon, Jr.
ATTORNEYS: Plaintiff-George Goldberg; Defendants-Mark G. Cunningham
TECHNICAL EXPERTS: Plaintiffs-Dale Stephens, Accident Reconstruction; Stephen Riley-Economist; Defendants-Paul Herbert, Motor Carrier Safety
FACTS: This was a four vehicle accident, which occurred on 6/24/05, on the northbound 101 Freeway near the Winnetka Ave. exit. There were five lanes. Howard Friedowitz was driving a Toyota Camry in the number five lane in heavy traffic. David Dorfman was driving a Lexus GS 300 in the number four lane. Dorfman activated his right turn signal and after some time moved into the number five lane in front of Friedowitz. Friedowitz, believing he was cut-off, became angry. He tried to pass Dorfman on the right shoulder. As Friedowitz tried to move back in front of Dorfman, the Friedowitz car struck the Dorfman car causing Dorfman to move into the number four lane where he hit Decedent’s car as it was going by. Decedent was pushed into the number three lane was defendant truck driver was driving by in his tractor trailer. Decedent’s car went underneath the trailer and was crushed. Decedent was instantly killed.
PLAINTIFF CONTENTIONS: Plaintiffs claimed defendant Buenrrostro was illegally in the number three lane in violation of Vehicle Code, §21655 prohibiting the operation of a commercial vehicle in a lane other than the two right lanes.
DEFENDANTS CONTENTIONS: Defendants argued defendant Buenrrostro acted reasonably by being in the number three lane because of traffic conditions and also because the freeway was going to narrow just past the accident scene.
DAMAGES: At trial, plaintiffs asked for approximately $1,272,000 in economic damages and $10,440,000 in non-economic damages.
SETTLEMENT DISCUSSIONS: Plaintiffs made a policy limits demand for $1 million. Defendants served a 998 offer for $10,000.
VERDICT: Defense.
OTHER INFORMATION: Friedowitz was found guilty of vehicular manslaughter and sentenced to four years in state prison.