Orange County Team Obtains Favorable Verdict in Vehicle Collision Matter

(November 1, 2022) – Orange County Partner Esther P. Holm and Associate Alyssa Garchie, together with counsel hired by the primary insurance company, obtained a favorable verdict in Santa Clara County Superior Court. In this matter, the plaintiff contended she was injured in a side-swipe accident with a dump truck, leaving her with a traumatic brain injury (TBI), cervical spine herniations, thoracic outlet syndrome, and a shoulder labral tear. The plaintiff and her team of experts also claimed she suffered from post-concussive syndrome and would never be able to work again. The plaintiff asked the jury to award about $28 million in damages. Her husband made a claim for loss of consortium and asked for about $280,000. The plaintiff's life care plan included compensation not only for her, but for her unborn children, with whom she would need help should she want a family.

The defense, via prior counsel, had admitted negligence for the accident but denied causation and contended that the plaintiff was comparatively at fault in causing the accident. The plaintiff had sold her vehicle, but the defense's accident reconstruction expert was able to locate the vehicle by the VIN number, contact the current owner, and download the black box, which revealed that the plaintiff was speeding at the time of the accident, traveling 63.7 mph in a 35 mph zone. The defense's biomechanics expert testified that the delta V, or force felt, from the accident was the equivalent to jumping or riding on a horse, and the damage experts opined that the plaintiff did not sustain any injury, save perhaps for some soft tissue injury to her neck. The defense also argued the plaintiff had a somatic symptom disorder and, with proper counseling, could return to her baseline level of activity and to work.

After about five hours of deliberations, the jury awarded the plaintiff a total of $497,409, and awarded her husband nothing. The jury then found the plaintiff 40% responsible for the accident, reducing her award to $298,445.40. The defense beat the statutory offers to compromise to both plaintiffs.

Appellate Partner Raul Martinez also assisted with motions and trial monitoring for potential appeals, and Partner Justine Kilpatrick assisted behind the scenes.