Case details

Plaintiffs: Driver’s intoxication led to head-on collision

SUMMARY

$480000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
chest, dental, elbow, face, femoral, fracture, fractured teeth, hip, lip, neck, nose, tooth
FACTS
On Oct. 26, 2009, at approximately 2 a.m., plaintiffs’ decedent Sally Miguel, 49, was driving a Chevrolet pickup east on the 91 Freeway with her sister, plaintiffs’ decedent, Patricia Miguel, 30, in the front seat and their nieces, plaintiffs Mary Miguel, 16, and Sara Miguel, 14, in the back seat. The family was leaving a late-night dinner after attending Knott’s Berry Farm’s annual Knott’s “Scary” Farm when they were struck head-on by a Toyota pickup operated by Jessica Sheckell, a California State University, Fullerton, student who was heavily intoxicated. Mary and Sara suffered significant permanent . However, Sally Miguel died instantly upon impact and the front-seat passenger, Patricia Miguel, was pronounced dead shortly after 4:20 a.m. at Western Medical Center in Santa Ana. Tyrone Miguel, who was the decedents’ brother and father of Mary and Sara, hired and then subsequently fired four attorneys prior to retaining their current counsel, who proceeded forward with litigation. Tyrone Miguel and Victoria Miguel, acting as the guardian of Mary and Sara, sued Sheckell, alleging that the defendant was negligent in the operation of her vehicle. The Miguels also sought recovery from Sonia Rivas, the owner of the vehicle that Sally Miguel was driving. They alleged that Rivas was negligent for allowing Sally Miguel to borrow her car, knowing that Sally Miguel intended to take her minor nieces to a late-night amusement park, which thereby increased the likelihood of injury or harm occurring to Mary and Sara. However, Rivas’ insurer, 21st Century, agreed to tender Rivas’ policy limits prior to her being named in the suit. Plaintiffs’ counsel noted that California Highway Patrol officers received a number of frantic calls reporting that there was a car driving the wrong way on the State Route 91 carpool lane and immediately dispatched units onto the freeway in the hope of stopping a catastrophic accident. Although a few cars were able to recognize Sheckell’s vehicle drawing closer and were able to avoid a head-on collision with it, the officers who saw Sheckell driving about 50 mph on the wrong side of the freeway were unable to stop traffic or Sheckell’s vehicle in time. After the accident, Helen Page, who had an estranged relationship with her deceased daughter, Patricia Miguel, joined the Miguels’ suit, seeking compensation for the wrongful death of her daughter. However, Mr. Miguel adamantly fought his mother’s claims of having a right to any compensation. Counsel for Mr. Miguel argued that Helen Page was an absent mother, and that it was actually Mr. Miguel that raised his sisters like they were his own children. Shortly thereafter, two other parties, Jamey Miguel and Sheila Page, joined as plaintiffs, claiming that they were Patricia Miguel’s brother and sister and, as such, had a right to compensation for her death. In the end, Sheckell did not argue liability, but stated that neither Mary nor Sara were wearing their seat restraints at the time of impact and, therefore, contributed to their own . After the additional plaintiffs’ joined the suit, Sheckell’s insurer agreed to tender her policy limits, leaving only how to allocate the funds as a point of contention., Sally Miguel suffered blunt-force trauma to the torso and lower extremities in the accident and died instantaneously. Patricia Miguel suffered blunt force trauma to the torso and was transported to Western Medical Center in Santa Ana, where she was pronounced dead shortly thereafter. Mary sustained an abrasion and contusion to her left non-dominant elbow, a displaced fracture of the femoral neck, a lip laceration, broken blood vessels in the nasal area, a broken hip, a laceration on her left foot, and fractured teeth, including a broken front tooth. She subsequently underwent an open reduction and internal fixation of the femoral neck fracture with multiple pinnings. According to plaintiff’s counsel, Mary made a good recovery. However, Mary claimed that following surgery, she was left with a drop leg, which leaves her left leg now 2 centimeters shorter than the right, and a permanent scar on her left hip. She also claimed she continues to have occasional complications, including pain, from her . Thus, Mary sought recovery of damages for her total medical expenses in the amount of $72,069.18, which were adjusted and negotiated to $2,613.12, as well as unspecified damages for her pain and suffering. Sara sustained a spleen injury, a bruised kidney, a laceration to the chest, a stomach injury, and chronic back and neck pain. The following day, Sara underwent a cystoscopy with bilateral retrograde pyelogram. She ultimately required the removal of her spleen and 32 staples down her stomach. As a result, she remained hospitalized for four days. Sara claimed that she continues to have occasional complications, including pain, from her , as well as continued back and neck pain. Thus, she sought recovery of damages for her total medical expenses in the amount of $228,221.56, which were adjusted and negotiated to $415.30, as well as sought recovery of damages for her pain and suffering.
COURT
Superior Court of Orange County, Orange, CA

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