Personal Injury – $57,974,402.00 Million Verdict
Herman v Cardiel – February 13, 2011 Accident involving Plaintiff, a 25 year old student, apparently fell asleep at the wheel at around 4:00am while driving on Interstate 15. As a result, his cart spun out and stalled facing oncoming traffic at an angle in the fast lane. A Good Samaritan, Armando Solis, observed the incident. Solis stopped his vehicle on the opposite shoulder, turned on his flashing emergency lights, and ran across the traffic lanes to help Plaintiff, who was disoriented, out of his car. Plaintiff’s headlights were still on and the Good Samaritan Solis put his emergency flashing lights on (his vehicle was on the right shoulder) to warn oncoming drivers. Plaintiff and Solis were standing outside and behind the car when it was struck by Defendant, causing Plaintiff’s vehicle to spin and strike both Solis and Plaintiff, throwing them off of the elevated freeway into a wash approximately 40 feet below road level.
(Largest Plaintiff’s verdict in Riverside County history.). $40 million was designated for future physical pain and mental suffering.
The matter proceeded to a bifurcated trial with Plaintiff’s claims against Cardiel only. (Solis settled with all parties prior to trial) Mr. Rizio contended that Cardiel failed to keep a proper lookout and failed to drive at a reasonable speed for the dark conditions, as required by Vehicle Code § 22350 (basic speed law). However, counsel stipulated that Plaintiff bore some contributory negligence as a result of Plaintiff’s actions that evening. It was uncontested that Cardiel was driving at the 70-mile-per-hour speed limit. Defense counsel (Robert Juske) contended that all accident reconstruction experts, including the Plaintiff’s experts, found that Cardiel was driving at or just below the 70-mph speed limit just before hitting the brakes prior to impact. Accordingly, Defendant argued that Cardiel’s speed was reasonable. Defense counsel also argued that the darkness of the area, coupled with the angle of Herman’s headlights, created a looming effect that made it extremely difficult for the 73-year-old Cardiel to recognize that the headlights facing him were not actually lights illuminating from the northbound traffic side until it was too late for Cardiel to react and stop.
INJURIES: Plaintiff suffered a cerebral infarction, which is a massive traumatic brain injury, and a fractured femur. He was in a coma for six weeks of his two month hospital stay. He then spent six months in a certified long-term acute care facility, followed by six months in a subacute care and rehabilitation facility. paralysis/quadriplegia-tetraplegia; paralysis/quadriplegia-quadriplegia. He will require future institutionalization once his parents can no longer take care of him.
$15,000 policy demand from parents pre-litigation declined. 19 day jury trial. Jury composition: 3 men, 9 women. 2 days deliberation. 11-1 on negligence; 9-3 on substantial factor; 9-3 on apportionment damages; 10-2 on past loss of earnings; 12-0 on past medical expenses, 9-3 on future loss of earnings; 12-0 on future medical costs; 12-0 on past pain and suffering; and 9-3 on future pain and suffering.