California Verdicts

Amount:

$18,572,941.77

Type:

Verdict-Mixed

State:

California

Venue:

Los Angeles County

Court:

Superior Court of Los Angeles County, Long Beach

Injury Type(s):

Case Type:

Motor Vehicle – Left Turn, Motorcycle, Intersection

Case Name:

Chris Haynes II, by and through his guardian ad litem Chris Haynes v. Grace E. Pak, Timothy Pak, Charles S. Kim, and U.S. Metro Group Inc.,
No. PC051411

Date:

March 22, 2014

Plaintiff(s):

Chris Haynes II (Male, 43 Years)

Plaintiff Attorney(s):

Michael J. Piuze;
Law Offices of Michael J. Piuze;
Los Angeles,
CA,
for
Chris Haynes II ■ Geraldine Weiss;
Law Offices of Michael J. Piuze;
Los Angeles,
CA,
for
Chris Haynes II

Plaintiff Expert(s):

Jan Roughan;
B.S.N., P.H.N., R.N.;
Life Care Planning;
Monrovia,
CA called by
Michael J. Piuze, Geraldine Weiss ■ Debbie Morris;
R.N.;
Nursing;
Los Angeles,
CA called by
Michael J. Piuze, Geraldine Weiss ■ Joseph Yates;
;
Accident Reconstruction;
Seal Beach,
CA called by
Michael J. Piuze, Geraldine Weiss ■ Robert Johnson;
Ph.D.;
Economics;
Los Altos,
CA called by
Michael J. Piuze, Geraldine Weiss ■ Lawrence Miller;
M.D.;
Physical Medicine;
Santa Monica,
CA called by
Michael J. Piuze, Geraldine Weiss

Defendant(s):

Timothy Pak, 

Grace E. Pak, 

Charles S. Kim, 

U.S. Metro Group Inc.

Defense Attorney(s):

Thomas G. Wianecki;
Wesierski & Zurek LLP;
Irvine,
CA,
for
Charles S. Kim ■ William S. Kronenberg;
Kronenberg Law PC;
Oakland,
CA,
for
U.S. Metro Group Inc. ■ Dan Friedenthal;
Friedenthal, Heffernan & Klein, LLP;
Pasadena,
CA,
for
U.S. Metro Group Inc. ■ Paul R. Ayers;
Zinder & Koch;
Glendale,
CA,
for
Timothy Pak, Grace E. Pak

Defendant Expert(s):

Amy Sutton;
Life Care Planning;
Long Beach,
CA called by
Thomas G. Wianecki, William S. Kronenberg, Dan Friedenthal, Paul R. Ayers ■ Edwin Amos;
Neurology;
Santa Monica,
CA called by
Thomas G. Wianecki, William S. Kronenberg, Dan Friedenthal, Paul R. Ayers ■ Kenneth Solomon;
Accident Reconstruction;
Woodland Hills,
CA called by
Thomas G. Wianecki, William S. Kronenberg, Dan Friedenthal, Paul R. Ayers

Insurer(s):

Scottsdale Insurance Co. (excess) for U.S. Metro Group Inc.
State Farm Mutual Automobile Insurance Co. for Grace E. Pak and Timothy Pak
Travelers Indemnity Co. (primary carrier) for U.S. Metro Group Inc.

On March 16, 2011, at approximately 3:15 p.m., plaintiff Chris Haynes II, 43, a security guard, was riding his Harley Davidson motorcycle on westbound Rinaldi Avenue in Granada Hills when he entered the intersection with Shoshone Avenue and crashed into a sport utility vehicle that was operated by Grace Pak, who was making a left turn from eastbound Rinaldi Avenue onto northbound Shoshone Avenue. Haynes suffered permanent traumatic brain injuries from the accident, as well as injuries to his face, left knee, and left hip. Haynes, by and through his guardian ad litem, Chris Haynes (his father), sued Grace Pak; Ms. Pak’s father, Timothy Pak; Ms. Pak’s uncle, Charles Kim; and Kim’s closely held corporation, U.S. Metro Group Inc. Chris Haynes II alleged that Ms. Pak was negligent in the operation of her vehicle and that the remaining defendants were vicariously liable for Ms. Pak’s actions because Ms. Pak was acting as an agent of the other three defendants at the time of the accident. (Grace Pak had a $15,000 minimum limits automobile policy, so the plaintiff sued her uncle and his corporation on various agency theories.) Plaintiff’s counsel contended that Ms. Pak failed to yield the right of way at the subject intersection, causing Chris Haynes II’s motorcycle to crash head-on into passenger side of Ms. Pak’s SUV. Ms. Pak claimed that Haynes was speeding in a school zone at the time of the accident and, thus, contributed to his injuries. In addition, all defendants denied the agency allegations.

Chris Haynes II sustained fractures to his left cheek and orbital bones, as well as fractures to the femoral neck of his left hip and patella of his left knee. He also sustained blunt force trauma to his head. Haynes was subsequently taken by ambulance to an emergency room, where he was diagnosed with diffuse axonal shearing, bilateral cerebral contusions, a right subarachnoid hemorrhage, and a left subdural hematoma as a result of the head trauma. It was also determined that Haynes’ head injuries resulted in a permanent brain injury. Haynes ultimately underwent open reduction and internal fixation of his left orbital floor, left femur, and left patella. As a result of Haynes’ traumatic brain injuries, he has lost his ability to walk and self-feed, as well as suffers from other serious cognitive deficits. He has been hospitalized multiple times at Providence Holy Cross Medical Center in Mission Hills to undergo surgeries and to treat for seizures, as well as receive related follow-up care. In addition, Haynes claimed he is unable to ever work again due to his condition. Haynes sought recovery of $100 million in total damages, which included $795,000 in past medical care and a life care plan totaling $11 million. Defense counsel did not dispute the severity of Haynes’ alleged injuries.

The jury found that Ms. Pak was acting as an agent of Mr. Pak and Mr. Kim at the time of the accident, and thus, Mr. Pak and Mr. Kim were each was vicariously liable for Ms. Pak’s conduct. However, the jury found that Ms. Pak was not acting as an agent of U.S. Metro Group, which obtained a defense verdict. The jury determined that Ms. Pak was 90 percent at fault of the accident and that Chris Haynes II was 10 percent comparatively at fault. It also determined that Haynes’ damages totaled $18,572,941.77. After the comparative liability offset, Haynes’ total recovery would be $16,715,647.59.

Actual Award:

$16,715,647.59

Judge:

Joseph E. DiLoreto

Demand:

None reported

Offer:

$5 million offered by Kim and U.S Metro Group (rejected)

Trial Length:

14
 days

Trial Deliberations:

5
 days

Jury Composition:

7 male/ 5 female

Post Trial:

Plaintiff’s counsel challenged the jury’s verdict finding of no agency as to U.S. Metro Group, asking the court to find the verdict inconsistent or to declare a mistrial. Judge Joseph DiLoreto denied both motions at a hearing on April 25, 2014, and entered judgment in favor of U.S. Metro Group.

This report is based on information that was provided by counsel for U.S. Metro Group. Plaintiff’s counsel and counsel for Ms. Pak, Mr. Pak and Kim did not respond to the reporter’s phone calls.