Case details

Daughter witnessed mother’s death after struck in crosswalk

SUMMARY

$18000000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, fracture, leg, mental, psychological
FACTS
In June 2016, plaintiff Yijing Chen, 26, a college student at Pepperdine University, was walking with her mother, plaintiff’s decedent Hong Fen Shen, 53, on the western sidewalk along southbound Las Virgenes Road, in Calabasas, when they reached the on-ramp for northbound Ventura Freeway, also known as U.S. Route 101. As they attempted to cross the on-ramp while holding hands, Chen and Shen were struck by a pickup truck operated by Nicole Herschel, who was making a right turn from southbound Las Virgenes Road onto the on-ramp for northbound U.S.-101. Chen sustained to her left leg, and Shen ultimately died from her . Chen, acting individually and as her mother’s successor in interest, sued Herschel and the owner of Herschel’s vehicle, Marilyn Weinshenk. Chen alleged that Herschel was negligent in the operation of her truck and that Weinshenk was vicariously liable for Herschel’s actions. Weinshenk was ultimately dismissed from the case, and the matter proceeded to a bifurcated trial. Plaintiffs’ counsel contended that the pedestrian light was initially red when Chen and Shen arrived at the intersection of Las Virgenes Road and the U.S.-101 on-ramp and that Chen and Shen only proceeded to cross once the traffic signal for southbound Las Virgenes Road phased to green and the walk sign phased to white. Thus, counsel argued that Herschel failed to yield to Chen and Shen, who were crossing within a crosswalk on a white pedestrian light. Plaintiffs’ counsel contended that after the incident, Herschel exited her vehicle and began dragging Shen’s still-alive body to the curb, while Chen begged for Herschel to stop and call 911. Counsel maintained that Herschel eventually stopped, but that Herschel got back into her vehicle and backed it off of the on-ramp and parked it on the west curb of Las Virgenes Road, just north of the on-ramp for U.S.-101. Plaintiffs’ counsel contended that when California Highway Patrol arrived on the scene, Herschel claimed that she was driving on southbound Las Virgenes Road and heard screaming to her right, so she stopped her vehicle and called 911 once she saw the two Asian women in the roadway. However, counsel contended that Herschel denied any involvement in the accident. Plaintiffs’ counsel further contended that when the officers asked Herschel about her destination, which was her home in Malibu, the officers confronted Herschel, noting that the obvious route to her destination would have been the freeway, which would have required Herschel to make a right turn onto the on-ramp. Counsel contended that, in response, Herschel claimed that she wanted to take the canyon routes home and was not going to take the freeway. However, plaintiffs’ counsel noted that when another officer later asked Herschel about her destination, Herschel responded that it was the Albertsons grocery store located on the south side of the on-ramp for U.S.-101. Counsel further contended that the officers noticed that Herschel’s truck was very dirty and that there were some disturbances in the dirt and that there was evidence that Herschel may have struck something because disturbances in the grease in the undercarriage of her truck. In addition, counsel contended that when the officers asked Chen about what happened, Chen pointed to Herschel, who was standing with other onlookers, but that Herschel again denied being involved in the collision. Herschel was eventually released to go home that day, and the incident was initially coded as a hit-and-run. Plaintiffs’ counsel contended that Herschel arrived home in Malibu shortly after midnight and then left for a pre-arranged flight to Montana, leaving out of the Los Angeles International Airport at about noon that day. Counsel argued that despite the limited about of time between arriving at home and the flight, Herschel made arrangements to have her truck washed in the morning, nearly destroying all the evidence, and that Herschel’s plan was to then park her truck in an outdoor parking lot at LAX airport for about a week. However, plaintiff’s counsel noted that the investigating officers reopened the investigation, tracked down Herschel’s vehicle at the airport and found that the vehicle was clean, but that a thorough search revealed a black human hair under the vehicle. Counsel also contended that despite evidence of scrubbing, the officers noted that disturbances in the grease did not come off, so the officers were able to match the grease disturbances to the tread of Shen’s shoes. Plaintiffs’ counsel further argued that tire marks left on Chen’s jeans matched the tire tread of Herschel’s truck. At trial, Herschel admitted that she was negligent in causing the death of Shen. However, she claimed that she tried to lift Shen’s body after the accident, but that she could not, and that she only wanted to move the body so that it would not get run over since it was in the road at night. In addition, defense counsel argued that Herschel did not believe she heard Chen yelling at her., Shen sustained multiple traumatic and was rendered unconscious at the scene. She ultimately died as a result of her fatal . Chen suffered fractures to her left leg’s tibia and fibula. She ultimately underwent surgery to her leg, which included the placement of a rod. Chen alleged that Herschel’s actions caused her to suffer from emotional distress as a result of being a bystander and witnessing her mother, Shen, being run over. Chen, acting individually and on behalf of her deceased mother, waived all economic damages prior to trial, and waived any allegation of future care for her leg injury. Both sides also agreed to not present expert opinions since Herschel admitted that her negligence caused the fractures to Chen’s leg. However, plaintiffs’ counsel argued that Herschel’s after-collision conduct of dragging Shen’s body, moving her car and denying her involvement in the accident caused additional emotional distress to Chen. Counsel further argued that Herschel’s actions were intentional and done with malice. Plaintiffs’ counsel asked the jury to award Chen and Shen’s estate $70 million in total damages, including punitive damages against Herschel. Defense counsel did not dispute the plaintiffs’ , but argued that Herschel’s act of attempting to move Shen’s body after the accident was not done with malice and that Herschel only wanted to move the body because it was in the road at night and Herschel did not want Shen to get run over.
COURT
Superior Court of Los Angeles County, Van Nuys, CA

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