Case details

Freeway collision resulted in woman’s catastrophic brain injury

SUMMARY

$19072877.9

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
brain, brain damage, brain injury, coma, traumatic brain injury
FACTS
On Nov. 27, 2011, plaintiff Michelle Marin, 22, a bank service center agent, was operating her 1992 Honda on eastbound Interstate 10 when her vehicle broke down and stalled near the Grand Avenue off-ramp in West Covina. According to Marin’s boyfriend and her father, who spoke and texted her at the time, Marin tried to pull off the freeway, but was unable to do so. She also tried to activate her hazard lights, but they were non-operable. Marin then called 911 twice. After about 10 minutes awaiting help, her vehicle was rear-ended by a vehicle operated by 19-year-old Maryann Ganuelas. As a result, Marin suffered a catastrophic brain injury and went into a coma. Marin, through her conservator, sued Maryann Ganuelas and the owners of Maryann Ganuelas’ vehicle, Roy Ganuelas and Lourdes Ganuelas. Marin’s conservator alleged that Maryann Ganuelas was negligent in the operation of her vehicle and that Roy and Lourdes Ganuelas were negligent in the entrustment of the vehicle to their daughter. Roy and Lourdes Ganuelas were ultimately dismissed pre-trial. Plaintiff’s counsel contended that Maryann Ganuelas was speeding on the freeway when she rear-ended Marin’s vehicle. Counsel also contended that Maryann Ganuelas was distracted, likely by a cell phone. Thus, plaintiff’s counsel argued that Maryann Ganuelas was negligent for driving at an unsafe speed and for failing to keep a proper lookout. Defense counsel argued that Maryann Ganuelas was not speeding at the time of the accident, as the defense’s automotive expert opined that Maryann Ganuelas was traveling at approximately 65 miles per hour, which was the posted speed limit. Counsel contended that there was no evidence of Marin trying to pull off the freeway or activate her hazard lights. In fact, the defense’s automotive expert testified that police photographs showed that the hazard light switch in Marin’s vehicle was not activated (which was not rebutted by the plaintiff’s experts). Additionally, the one and only independent witness to the accident testified that she did not observe hazard lights on Marin’s vehicle. Defense counsel further contended that the evidence showed that Marin had passed several exits on the freeway, including the one at Grand Avenue, despite the fact that her vehicle was malfunctioning and losing power. Defense counsel further argued that Marin’s high-mileage vehicle was poorly maintained and, consequently, broke down on the freeway. Counsel contended that Marin’s vehicle had stalled earlier in the day and needed a jump, yet Marin had attempted to drive over 50 miles on her way home. Counsel also noted that the California Highway Patrol inspected Marin’s vehicle post-accident and determined that it was poorly maintained. Thus, defense counsel argued that Marin failed to pull over, out of harm’s way, when she had time to do so., Marin, a single mother of a 3-year-old son, suffered a catastrophic brain injury and was subsequently taken to Los Angeles County+USC Medical Center, in Los Angeles. Three weeks later, she was transferred to Kaiser Permanente Fontana Medical Center, in Fontana, and later transferred to a full-time care facility. Marin has been in a persistent vegetative state ever since the accident. Plaintiff’s counsel contended that as a result of Marin’s condition, she has a nine-year life expectancy.
COURT
Superior Court of Los Angeles County, Pasadena, CA

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