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Drunken driver caused collision that left plaintiff paralyzed: suit

Amount:

$125,168,202

Type:

Verdict-Plaintiff

State:

California

Venue:

Ventura County

Court:

Superior Court of Ventura County, Ventura

Injury Type(s):

head; other-laceration; other-severed spine; paralysis/quadriplegia-quadriplegia

Case Type:

Motor Vehicle – Left Turn, Red Light, Intersection, Alcohol Involvement

Case Name:

Francisco A. Briones v. Christopher Lee Zink,
No. 56-2013-00435440-CU-PA-VTA

Date:

January 22, 2016

Parties

Plaintiff(s):

Francisco A. Briones (Male, 21 Years)

Plaintiff Attorney(s):

Gary A. Dordick;
Gary A. Dordick, A Law Corporation;
Beverly Hills,
CA,
for
Francisco A. Briones ■ Diana S. Diskin;
Gary A. Dordick, A Law Corporation;
Beverly Hills,
CA,
for
Francisco A. Briones ■ Mark K. Flores;
Crane Flores, LLP;
Santa Barbara,
CA,
for
Francisco A. Briones

Plaintiff Expert(s):

Ted Kobayashi; M.S.; Accident Reconstruction; Livermore,
CA called by:
Gary A. Dordick, Diana S. Diskin, Mark K. Flores ■ James Herman; M.D.; Neurosurgery; Ventura,
CA called by:
Gary A. Dordick, Diana S. Diskin, Mark K. Flores ■ Javier Romero; M.D.; Critical Care; Ventura,
CA called by:
Gary A. Dordick, Diana S. Diskin, Mark K. Flores ■ Sharon Kawai; M.D.; Physical Medicine; Fullerton,
CA called by:
Gary A. Dordick, Diana S. Diskin, Mark K. Flores ■ Dewayne Beckner; Toxicology; Northridge,
CA called by:
Gary A. Dordick, Diana S. Diskin, Mark K. Flores ■ Tamorah Hunt; Ph.D.; Economics; Santa Ana,
CA called by:
Gary A. Dordick, Diana S. Diskin, Mark K. Flores

Defendant(s):

Christopher Lee Zink

Defense Attorney(s):

Bruce A. Finck;
Benton, Orr, Duval & Buckingham;
Ventura,
CA,
for
Christopher Lee Zink

Defendant Expert(s):

John Meyers;
Vocational Rehabilitation;
Ventura,
CA called by:
Bruce A. Finck ■ David Weiner;
Economics;
Los Angeles,
CA called by:
Bruce A. Finck ■ Kathy Corona;
Coding & Billing (Medical);
Santa Barbara,
CA called by:
Bruce A. Finck ■ Stein Husher;
Accident Reconstruction;
Camarillo,
CA called by:
Bruce A. Finck ■ Thomas Hedge, Jr.;
Physical Medicine;
Northridge,
CA called by:
Bruce A. Finck ■ Anthony Stein;
Ergonomics/Human Factors;
La Canada,
CA called by:
Bruce A. Finck ■ Fernando Gonzalez;
Psychology/Counseling;
Downey,
CA called by:
Bruce A. Finck

Facts:

On March 23, 2013, plaintiff Francisco Briones, 21, a warehouse worker, was driving on Channel Islands Boulevard, in Oxnard, on his way to working a 5 a.m. shift. As he reached the intersection with Rice Avenue, a vehicle traveling in front of him safely made a left-hand turn on a green light. However, when Briones was in the process of turning left onto Rice Avenue, he was struck by a vehicle driven by Christopher Zink, who was driving approximately 50 mph on Rice Avenue and had entered the intersection on a red light. Zink’s blood alcohol level was found to be 0.14 percent after the crash. He also admitted that he had not slept in 24 hours and had fallen asleep at the wheel. As a result of the collision, Briones was rendered a quadriplegic. Zink was prosecuted criminally. He pleaded guilty to violating Vehicle Code § 23153(a), driving while under the influence of alcohol and causing bodily injury, and was found guilty of violating Penal Code § 12022.7(b), inflicting great bodily injury in the commission of a felony. Zink is currently serving a seven-year prison sentence. Briones brought a civil suit against Zink, alleging that Zink’s negligence and drunk, fatigued driving caused the crash and his subsequent injuries. Defense counsel argued that Briones was partly to blame for the crash, asserting that Briones should have known that Zink would not stop for the red light and that Briones should have made evasive maneuvers.

Injury:

The collision caused a laceration to Briones’ head and a rupture of his C4-5 vertebrae, severing his spine and immediately paralyzing him from the neck down. The spinal cord injury subsequently caused Briones’ head to drop forward, blocking his windpipe and making it difficult to breathe. As a result, a Good Samaritan who had witnessed the crash, ran to Briones’ vehicle and held his head up so that Briones could breathe until paramedics arrived. Briones was then transported to Ventura County Medical Center, in Ventura, where he underwent emergency surgery to stabilize his spine. Over the course of the next 90-plus days, Briones underwent several more stabilization surgeries and was then transferred to Rancho Los Amigos National Rehabilitation Center, in Downey, for over three months of rehabilitation. After discharge from Rancho Los Amigos, Briones returned home, where his mother and four younger siblings have cared for him 24 hours a day. Briones claimed that his injuries have left him unable to move, except for his head and neck, and very limited movement of his left forearm. He also claimed he suffers from autonomic dysreflexia (a condition in which one’s involuntary nervous system overreacts to external or bodily stimuli); uncontrollable spasms that cause dangerous changes in blood pressure; and frequent bladder and kidney infections. Prior to the collision, Briones was an award-winning athlete, playing baseball, football, and soccer. After high school, he attended classes at Oxnard College, but left school to go to work and support his mother, brothers, and sister. He claimed that he had enjoyed volunteering as a coach for his younger siblings’ sports teams and had been coaching his younger brother’s Little League team for several years. On the day of the crash, he was scheduled to leave work early to take the family to Little League opening ceremonies. Briones, now 24 years old, claimed that since the crash, he and his family have struggled to survive financially. He noted that during trial, his family was even evicted from their Oxnard home and had to reside in a hotel paid for by their counsel. Thus, Briones sought recovery for his past and future medical expenses, which included 24-hour care; past and future loss of earnings; and past and future pain and suffering. (The parties ultimately stipulated to Briones’ past medical damages.)

Result:

The jury found that Zink was 100 percent liable for the crash and that Briones was not comparatively liable. It also found that Zink acted with malice and that Briones’ total damages, inclusive of punitive damages, totaled $125,168,202. In a post-trial hearing, Judge John Nguyen ruled on the applicability of Proposition 213. Specifically, he considered whether Briones’ general damages were barred by Civil Code § 3333.4(a)(3), or whether Zink’s conviction under Vehicle Code § 23153(a) allowed Briones to recover general damages pursuant to Civil Code § 3333.4(c), even though Briones was not the vehicle’s owner and uninsured at the time of the crash. However, Briones later posted a deposit of $35,000 with the DMV to comply with California’s financial responsibility laws. Thus, Nguyen held that the deposit was sufficient to fulfill the financial responsibility laws and that Briones was entitled to recover general damages under Civil Code § 3333.4(c).

Francisco A. Briones: $740,017 Personal Injury: Past Medical Cost; $17,989,849 Personal Injury: Future Medical Cost; $49,837 Personal Injury: Past Lost Earnings Capability; $1,304,398 Personal Injury: Future Lost Earnings Capability; $7,500,000 Personal Injury: Past Pain And Suffering; $35,000,000 Personal Injury: Future Pain And Suffering; $62,584,101 Personal Injury: Punitive Damages

Trial Information:

Judge:

John Nho Trong Nguyen

Trial Length:

9
 days

Jury Vote:

The jury alternated between 9-3 and 10-2 on the various remaining special and general damages. The finding of malice and the punitive damages award were unanimous.

Editor’s Comment:

This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.