Case details

Plaintiffs: Tractor-trailer failed to brake for broken-down pickup

SUMMARY

$2710967.65

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, brain, brain injury, bulging disc, lumbar head, neurological, radiculopathy, traumatic brain injury
FACTS
After midnight on Dec. 31, 2010, plaintiff’s decedent Monica Porras, 31, was driving her pickup truck on southbound Interstate 5, from Salinas to Los Angeles, accompanied by her friend/coworker, plaintiff Karla Hernandez, 35. At approximately 2 a.m., the pickup truck began experiencing mechanical problems and broke down around Bakersfield. They were able to eventually get the truck off the road and, after calling a friend, checking under the hood and driving on local streets for 20 minutes, they proceeded back onto southbound I-5 toward Los Angeles. At approximately 4 a.m., the pickup broke down again when they were just south of the Smokey Bear exit. However, Hernandez claimed that this time they were unable to make it to the shoulder and were stalled on an overpass, in the slow lane of southbound I-5. While stalled, Hernandez claimed they were discussing whether or not to call 911 when the pickup truck was rear-ended at approximately 50 mph by a semi-tractor-trailer operated by Adolphus Mayfield. Porras sustained fatal to her brain stem and spine, while Hernandez suffered to her scalp and lower back. Hernandez and the decedent’s mother, Ofelia Montoya, sued Mayfield; the owner of the truck and Mayfield’s employer, Central Transport, LLC; and the owner of the trailer, GLS Leasco Inc. Hernandez and Montoya alleged that Mayfield was negligent in the operation of the semi-truck, and that Central Transport and GLS Leasco were vicariously liable for Mayfield’s actions. On the day before trial, GLS Leasco was dismissed for a waiver of costs. Thus, the matter proceeded to trial against Mayfield and Central Transport only. Plaintiffs’ counsel contended that Mayfield made no attempt to avoid the collision, and that the onboard computer of the semi-truck revealed that Mayfield was full throttle pre-impact and never touched his brakes until 5 to 10 seconds post-collision. Counsel also contended that when Mayfield did apply his brakes, he did so very lightly and continued on for a quarter of a mile until his truck broke down. In addition, counsel contended that Mayfield never called 911 and that the first 911 call was from a passerby nine minutes post-accident. Thus, plaintiffs’ counsel argued that Mayfield was driving too fast, was fatigued, and was not paying proper attention to the road ahead of him. Defense counsel contended that the collision occurred because the subject pickup truck had broken down in a lane of traffic, and that it was stalled there with no hazard or tail lights activated. Furthermore, counsel contended that the decedent and Hernandez were negligent for getting back on the road after the vehicle broke down once before, for not pulling off on to the shoulder, and for not exiting the vehicle and walking onto the shoulder after it broke down in the slow lane., Hernandez suffered a significant avulsion to her scalp and a 3-millimeter disc bulge at L5-S1 with radicular complaints. She was subsequently taken to an emergency room, where her scalp injury was repaired with sutures and reconstructive surgery. She was then hospitalized for three days, and had one follow-up visit to remove stitches and one physical therapy session. Hernandez claimed she now suffers from post-traumatic stress disorder, which has caused her to avoid seeking medical and psychological treatment. She claimed that she missed three weeks of work following the accident and that she lost an opportunity to become a regional manager after the accident because she chose to move back home to Texas to be closer to her family. She alleged that, instead, she took a lower branch manager position, causing her to suffer a loss of earnings. Hernandez further claimed that she will require additional treatment for her PTSD and lumbar injury. Thus, Hernandez sought $60,000 in past lost earnings, $650,000 in future lost earnings due to the lost opportunity to become regional manager, $27,000 in past medical costs (stipulated Howell), $200,000 in future medical costs, and $5 million in general damages for her pain and suffering. Porras sustained fatal to her brain stem and spine as a result of the accident. She died on Dec. 31, 2010. She was 31. Porras’ mother, Montoya, claimed that her daughter was providing $1,000 per month to support her in El Paso, Texas, and that the decedent also bought her a house, for which she was paying an additional $1,100 per month for mortgage. However, the mother acknowledged that the home was paid off with life insurance proceeds (collateral source). Thus, Montoya sought $68,000 in past loss of support and $444,000 in future loss of support, as well as $15 million in general damages as a result of Porras’ wrongful death. Defense counsel contended that Hernandez suffered a mild concussion and a scalp injury that was surgically repaired and left no residuals. Additionally, they claimed that the condition in Hernandez’s back was degenerative and did not require any treatment, as evidenced by Hernandez’s lack of treatment for almost three years. Defense counsel also denied that Hernandez had PTSD. Instead, counsel contended that Hernandez was suffering from chronic depression that predated the collision and was mildly exacerbated by the event. Thus, counsel argued that Hernandez’s alleged psychological condition required no medical treatment. As to Montoya, defense counsel argued that Montoya’s present value economic loss was $288,000 and that her non-economic loss was $1 million.
COURT
Superior Court of Los Angeles County, Santa Monica, CA

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