Case details

Defense: Cause of accident was inexperienced teen driver

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
arm, brain, brain injury, concussion, dental, elbow, face, facial laceration, fracture, fractured teeth shoulder, head, humerus, knee, leg, nose, patella, radial
FACTS
On June 28, 2010, plaintiff Joshua David, 18, a college student, was operating a van with plaintiff Natalie Pierson, also an 18-year-old college student, in the passenger seat. At about 25 minutes after sunset, the plaintiffs’ van approached the southbound lane of Pacific Coast Highway near Emma Wood State Beach and collided with the rear axle of the driver’s side of a tractor and flatbed trailer. The operator of the tractor-trailer, by David Hernandez, had entered the northbound lane and was in the process of completing his turn at the time of the accident. Both Joshua and Natalie claimed from the crash. Joshua and Natalie sued David Hernandez, who was doing business as D & H Trucking, for motor vehicle negligence. Plaintiffs’ counsel noted that the traffic collision report identified Hernandez as the primary factor in causing the collision by failing to yield. Joshua and Natalie claimed that Hernandez was illegally parked in the wrong direction and failed to yield the right of way, in violation of California Vehicle Code §§ 22502 and 21804. They also claimed that it was dark out and that the flatbed could not be seen because the trailer lights were inoperable. Plaintiffs’ counsel further noted that Hernandez was cited for numerous safety violations on the tractor and trailer before the accident. Hernandez, a truck driver for 30 years, claimed he was driving his tractor and flatbed trailer north on Pacific Coast Highway, near Emma Wood State Beach, when he wanted to stop and rest. He alleged that since he could not park on the right side due to there being “no parking” signs there, he crossed the southbound lane and parked facing in the opposite direction. Hernandez claimed that he only stayed there for a couple of hours because there was no overnight parking and decided to leave at about 8:39 p.m. However, he alleged that after he started his big rig, turned on his lights and began to pull across the southbound lane, he was struck by the plaintiffs’ van, which was traveling at 45 mph. Defense counsel argued that the sole cause of the accident was Joshua, who, according to the defense, was an inexperienced teenage driver that was inattentive and distracted. Counsel contended that Joshua was distracted by an open lap top on Natalie’s lap, and attacked his credibility by noting prior traffic violations to which Joshua had pleaded guilty. Defense counsel further argued that Hernandez parked in a parking area, and that it was legal and reasonable to park in the opposite direction because there were no designated parking spots. In addition, counsel argued that it was light enough out to see the truck and that the tractor and trailer lights were on at the time of the crash., Joshua suffered a displaced, open comminuted fracture of the left humeral head, an ulnar fracture and radial head dislocation of the left forearm, a midshaft fracture of the left femur, and a comminuted fracture of the left patella. He also suffered resulting in keloid scarring over his neck, left shoulder and left knee. Joshua underwent six surgeries on the left shoulder and knee, including a partial shoulder replacement. Joshua was co-valedictorian of his high school, a star athlete and a student at UC Berkeley at the time of the collision. He claimed past medical expenses of $349,439.53 and future medical expenses of approximately $3.1 million. He alleged that he will require a total left shoulder replacement and a lifetime of revisions, as well as a total left knee replacement and also a lifetime of revisions. Joshua also claimed a future loss of earning capacity of approximately $5.4 million, as he claimed his chronic pain will adversely affect his earning potential. Natalie suffered a complex laceration of her left, lower lip as a result of teeth being pushed through it. She also fractured teeth, aggravated prior chondromalacia of the left knee and sustained a concussion. Natalie required root canals and stabilization, as her front and lower teeth were pushed back. Natalie was also co-valedictorian of her high school and a student at UC Berkeley at the time of the collision, but she claimed that she is now permanently disfigured as a result of the lip and teeth . She also claimed she may eventually lose three teeth due to the fractures and root canals. Natalie further claimed she will require surgery on her knee due to the chondromalacia aggravation. In addition, she claimed post-traumatic stress disorder from the incident. Thus, she claimed past medical expenses of $48,100.61 and future medical expenses of approximately $171,000. Plaintiffs’ counsel asked the jury to award Joshua in excess of $10 million and to return a seven figure verdict for Natalie.
COURT
Superior Court of Ventura County, Ventura, CA

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