Punitives in freeway DUI case. $152K jury verdict. Los Angeles County.

Summary

Drunk driver rear-ends another car on freeway at 2 a.m. Moderate injuries. Plaintiffs beat their 998 offer.

The Case

The Result

  • Gross Verdict or Award: $152,220.23
  • Economic Damages:

    $3,849.83 - Adam Lawrence

    $15,370.40 - Gabriel Blanco

  • Non-Economic Damages:

    $40,000 - Adam Lawrence

    $43,000 - Gabriel Blanco

  • Punitive Damages:

    $25,000 - Adam Lawrence

    $25,000 - Gabriel Blanco

  • Post Trial Motions & Post-Verdict Settlements: Plaintiffs beat their §998. Defendant to pay plaintiffs' costs, pre-judgment interest, and post-judgment interest. Total amount defendant will pay is $214,087.50.

The Attorneys

  • Attorney for the Plaintiff:

    Etehad Law, APC, by Simon P. Etehad, Beverly Hills.

    The Kopple Law Group, Inc., by Michael S. Kopple and Joshua L. Kopple, Los Angeles.

  • Attorney for the Defendant:

    Gilsleider McMahon & Molinelli  by Tioni A. Phan, Irvine.

    Gilsleider McMahon & Molinelli by Jennifer E. Miller, Sherman Oaks.

The Experts

  • Plaintiff’s Medical Expert(s):

    Todd Gewant, D.C., chiropractic, Santa Monica. (Treating physician.)

    Dardad Mobin, M.D., neurosurgery, Beverly Hills. (Treating physician.)

  • Defendant's Medical Expert(s):

    Jeffrey Korchek, M.D., orthopedic surgery, Los Angeles.

    Neil Chafetz, M.D., radiology, Los Angeles.

Facts and Background

  • Facts and Background:

    Plaintiffs Adam Lawrence, 37, and Gabriel Blanco, 27, were driving southbound in the number 2 lane of the I-405 at 2:00 a.m. They were traveling at approximately 50 mph just north of the Mulholland Drive exit. The southbound lane numbers 3, 4, and 5 were coned off for construction.

    Plaintiffs were rear-ended by defendant who was traveling at approximately 65 mph after making an unsafe lane change from lane 1 to lane 2. Defendant was booked for Veh. Code § 23152 (DUI).

  • Plaintiff's Contentions:

    Plaintiffs contended that defendant's negligence and intoxication caused the collision and plaintiffs' injuries.

  • Defendant's Contentions:

    Defendant disputed the nature, severity, and cause of plaintiffs' injuries.

Injuries and Other Damages

  • Physical Injuries claimed by Plaintiff:

    Plaintiff Adam Lawrence experienced 3 months' worth of severe pain in his lumbar spine and sacroiliac joint, and he continued to experience lingering pain at a baseline of 1/10 to 2/10 in his lumbar spine and sacroiliac joint. As a result of these injuries, Mr. Lawrence had a diminished ability to exercise and ride bicycles; he was forced to choose jobs based on break allowances and weight of equipment he was required to operate, and he was forced to take prescription-strength medicine due to chronic pain.

    Plaintiff Gabriel Blanco experienced 3 months' worth of severe pain in his cervical spine and thoracic spine, and left shoulder pain that included numbness. He underwent 9 months of rehabilitation treatment with moderate pain, and continues to experience residual pain, soreness, and tightness on an almost daily basis that ranges between 1/10 to 2/10 and, on occasion, up to 5/10 on the pain scale.

Demands and Offers

  • Plaintiff §998 Demand: On 05/09/14: $49,999 per plaintiff.
  • Defendant §998 Offer: On 07/01/15: $18,000 for Lawrence and $32,000 for Blanco.

Additional Notes

Parties agreed to a pre-trial stipulation as follows: 1. Defendant's Blood Alcohol Content (BAC) was 0.13% at the time of the incident. 2. The accepted literature in the field of Forensic Toxicology indicates: (a) The average adult will sustain an increase in their BAC of approximately 0.02% per alcoholic beverage consumed; defined as one 12-ounce beer, one 4-ounce glass of wine, or a single ounce of 80-proof hard alcohol; and (b) The average adult will eliminate, metabolize, or "burn off," approximately 0.02% BAC per hour. 3. California law prohibits operating a motor vehicle with a BAC of 0.08% or higher.

Disclaimer

This is not an official court document. While the publisher believes the information to be accurate, the publisher does not guarantee it and the reader is advised not to rely upon it without consulting the official court documents or the attorneys of record in this matter who are listed above.

© Copyright 2019 by Neubauer & Associates, Inc. All rights reserved. www.juryverdictalert.com