Gonzales v. The Pep Boys Manny Moe & Jack of CA
This auto v. auto accident occurred on Jun 7, 2018 at the intersection of 7th and B Street in Victorville, California. Pep Boys' employee was driving southbound on 7th Street and made a left turn in front of plaintiff proceeding northbound on 7th Street. Plaintiff hit defendant's truck in the right rear wheel well with the right front of her bumper. The employee did not appear at trial. Pep Boys admitted negligence and vicarious liability for its employee, and challenged causation, damages, and plaintiff's comparative negligence. The EDR downloaded from plaintiff's vehicle recorded that the impact was at a delta velocity of 6 mph with no airbag deployment.
Plaintiff claimed headaches, cervical and lumbar injuries and was transported to the hospital from the scene. After undergoing conservative treatment and pain management with multiple injections in her cervical and lumbar spine, she underwent a L4-5 laser discectomy. She presented a life care plan at trial of $1.4- $1.9 million dollars, and claimed that she would need future cervical and lumbar fusion or artificial disc replacements, home attendant care and pain management. Plaintiff asked the jury for over $40 million at trial.
The jury awarded a gross verdict of $37,000 for plaintiff ($27,000 for past medical expenses, $10,000 for past pain and suffering), and found her 49% comparatively negligent, for a reduced award of $18,870.
Because Defendant was the prevailing party pursuant to its Section 998 offer of $500,000 and incurred significant post offer costs of over $177,000+, plaintiff recovered nothing from Defendant for a net defense verdict.
Post trial, the parties settled for a waiver of costs by Defendant and waiver of appeal by Plaintiff.