DUI driver crashes head-on into couple's car. $8.9M. Los Angeles County.
Summary
Defendant's insurer, as intervenor, says wet pavement caused the accident and that plaintiff was partially at fault.
The Case
- Case Name: Montez v. Perez
- Court and Case Number: Los Angeles County Superior Court / MC027758
- Date of Verdict or Judgment: Monday, July 10, 2023
- Date Action was Filed: Thursday, May 10, 2018
- Type of Case: DUI Accident
- Judge or Arbitrator(s): Hon. Stephen Czuleger
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Plaintiffs: Victor MontezLisa Montez
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Defendants: Dennis Perez
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $8,900,000
The Attorneys
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Attorney for the Plaintiff:
Parris Law Firm by Khail A. Parris and Bruce L. Schechter, Lancaster.
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Attorney for the Defendant:
Wesierski & Zurek LLP by Michelle Prescott and Christopher Wesierski, Lake Forest. (Attorneys for the Intervenor.)
The Experts
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Plaintiff’s Medical Expert(s):
Nicolas Rose, M.D., hand surgery.
Mehul Taylor, M.D., orthopedic surgery.
Thomas Zweber, lifecare planning.
Fardid Mobin, M.D., neurosurgery.
Bradley Jabour, M.D., neuroradiology.
Anthony Reading, Ph.D., psychology.
Lester Zackler, M.D., psychiatry.
Ronald Fisk, M.D., neurology.
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Defendant's Medical Expert(s):
Philip O’Carrol, M.D., neurology.
Douglas Freedman, M.D., orthopedic surgery.
Frederic Nicola, M.D., hand surgery.
Taylor Kuhn, Ph.D., neuropsychology.
Brian Lugo, M.D., general surgery.
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Plaintiff's Technical Expert(s):
None.
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Defendant's Technical Expert(s):
Martin Breen, toxicology.
Judd Welcher, accident reconstruction.
Gavin Huntley-Fenner, human factors.
Facts and Background
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Facts and Background:
On January 13, 2017, a husband and wife were driving home from dinner when the intoxicated defendant swerved into oncoming traffic and crashed head-on into their car.
Once police arrived at the scene, they noticed defendant's bloodshot eyes, slurred speech, and a stench of alcohol. He denied drinking, but when a field sobriety test was administered, he failed with a breathalyzer reading of .101, well above the DUI standard of .08. Defendant was arrested for driving under the influence and severely injuring the driver. Defendant went on to plead guilty to his crimes.
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Plaintiff's Contentions:
That the crash was caused entirely by defendant's driving under the influence of alcohol. That the collision caused injury to plaintiff.
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Defendant's Contentions:
Defendant refused to participate in the litigation and was defaulted, with his answer stricken. His insurance company, Farmers Direct Property and Casualty Insurance Company (previously identified as Metropolitan Direct Property and Casualty Insurance Company) intervened.
Defense argued that the defendant was not at fault for the collision and that he came into oncoming traffic because he lost control due to the wet roadways. Also, that plaintiff was intoxicated at the time of the collision and was travelling too fast for conditions. Further, that plaintiff did not sustain the extent of the injuries being alleged. Plaintiff requested damages in the amount of $97,902,000 (past medical $1,002,000, future medical $12,900,000, and non-economic damages $84,000,000). Plaintiff’s wife sought damages in the amount of $42,000,000 for loss of consortium.
Injuries and Other Damages
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Physical Injuries claimed by Plaintiff:
Victor Montez suffered fractured right femur, pelvis, knee, several ribs, sacroiliac joint, L5 transverse process and right wrist, as well as a ruptured spleen, lacerated kidney, torn colon and collapsed left lung.
Additional Notes
Per plaintiffs' attorney, policy limits were opened up.