California Verdicts

Plaintiff(s):

Timothy Herman (Male, 25 Years)

Plaintiff Attorney(s):

Gregory G. Rizio;
Rizio & Nelson;
Riverside,
CA,
for
Timothy Herman ■ Darren M. Pirozzi;
Rizio & Nelson;
Riverside,
CA,
for
Timothy Herman

Plaintiff Expert(s):

David Patterson;
M.D.;
Physical Medicine;
Pomona,
CA called by
Gregory G. Rizio, Darren M. Pirozzi ■ Joseph Awad;
B.S.M.E.;
Biomechanical;
San Diego,
CA called by
Gregory G. Rizio, Darren M. Pirozzi ■ Michael Lobatz;
M.D.;
Neurology;
Encinitas,
CA called by
Gregory G. Rizio, Darren M. Pirozzi ■ William Messerschmidt;
M.P.A.;
Ergonomics/Human Factors;
Birmingham,
AL called by
Gregory G. Rizio, Darren M. Pirozzi

Defendant(s):

Armando Solis, 

Margarito Cardiel

Defense Attorney(s):

Robert M. Juskie;
Wingert Grebing Brubaker & Juskie LLP;
San Diego,
CA,
for
Margarito Cardiel ■ Christopher W. Todd;
Wingert Grebing Brubaker & Juskie LLP;
San Diego,
CA,
for
Margarito Cardiel ■ None reported;

Laguna Hills,
CA,
for
Armando Solis

Defendant Expert(s):

Alvin Lowi, III;
Accident Reconstruction;
El Segundo,
CA called by
Robert M. Juskie, Christopher W. Todd ■ Jason Droll;
Ergonomics/Human Factors;
Laguna Hills,
CA called by
Robert M. Juskie, Christopher W. Todd

Insurer(s):

Farmers Insurance Group for Margarito Cardiel

On Feb. 13, 2011, at approximately 4 a.m., plaintiff Timothy Herman, 25, a student, fell asleep while driving home on southbound Interstate 15, causing his vehicle to spin out and stop facing the wrong direction (north) in the southbound fast/passing lane with his headlights illuminated at an angle. A Good Samaritan, Armando Solis, stopped his vehicle on the opposite shoulder, turned on his flashing emergency lights, and ran across the traffic lanes to help Herman out of his car. Several minutes later, a vehicle operated by Margarito Cardiel struck Herman’s vehicle, causing the vehicle to strike Herman and Solis, throwing them down the Mayhew Wash Ravine some 40 feet below. As a result, Herman suffered a traumatic brain injury. Herman sued Cardiel and Solis. Solis subsequently brought a cross-claim against Cardiel. However, Solis’ case settled prior to trial, and he was ultimately let out of Herman’s action. Thus, the matter proceeded to a bifurcated trial with Herman’s claims against Cardiel only. Plaintiff’s counsel 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 Herman bore some contributory negligence as a result of Herman’s actions that evening. It was uncontested that Cardiel was driving at the 70-mile-per-hour speed limit. Defense counsel 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, counsel 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.

Herman suffered a cerebral infarction, which is a massive traumatic brain injury, and a fractured femur. He was subsequently airlifted from the scene to Riverside Community Hospital, where he underwent surgery to repair the femur fracture and was in a coma for the first six weeks of his approximately two-month stay. He was then transferred to Kindred Hospital San Diego, a certified long-term acute care facility in San Diego, for about six months before being transferred to CareMeridian, a subacute care and rehabilitation facility in Santa Ana, for six months. Thereafter, Herman was taken home, where he remains with his parents, who act as his full-time caretakers. Prior to the accident, Herman was attending the Diesel Mechanic Program at Palomar College in San Marcos and was two classes short of obtaining his certificate. His classes were not offered that semester, so he was working at Garden Fresh Restaurants, installing point of service devices nationwide, while waiting for his remaining classes to be offered. Following the accident, Herman lost nearly full use of his limbs and was determined to be tetraplegic, also known as quadriplegic. As a result, he is wheelchair-bound and his parents have to push him, as he cannot do it himself. Thus, Herman sought recovery for his past and future medical costs, and past and future loss of earnings. He also sought recovery of damages for his past and future pain and suffering.

The jury determined that Herman was 75 percent liable and that Cardiel was 25 percent liable. It also determined that Herman’s damages totaled $57,947,402. After the comparative liability offset, Herman should recover $14,486,850.50.

Timothy Herman: $1,500,000 Personal Injury: Past Medical Cost; $10,077,617 Personal Injury: Future Medical Cost; $83,833 Personal Injury: Past Lost Earnings Capability; $1,285,952 Personal Injury: Future Lost Earnings Capability; $5,000,000 Personal Injury: Past Pain And Suffering; $40,000,000 Personal Injury: Future Pain And Suffering

Actual Award:

$14,486,850.5

Judge:

John W. Vineyard

Demand:

None

Offer:

$15,000

Trial Length:

19
 days

Trial Deliberations:

2
 days

Jury Vote:

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

Jury Composition:

3 male/ 9 female

This report is based on information that was provided by plaintiff’s counsel. Cardiel’s counsel did not respond to the reporter’s phone calls and Solis’ counsel was not asked to contribute.