Plaintiffs struck in crosswalk during large event, blame sheriff's traffic control. $17.8M. Los Angeles County.
Summary
Traumatic brain injury said to result from deputies mismanaging traffic after big international soccer match.
The Case
- Case Name: Melanie and Magie Gonzalez v. The County of Los Angeles
- Court and Case Number: Los Angeles Superior Court / 20STCV15846
- Date of Verdict or Judgment: Thursday, December 19, 2024
- Date Action was Filed: Monday, April 27, 2020
- Type of Case: Negligence
- Judge or Arbitrator(s): Hon. Michael Small
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Plaintiffs: Melanie Gonzalez, 20Magie Gonzalez, 19
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Defendants: The County of Los AngelesLos Angeles County Sheriff's Department
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $17,854,093.94
- Net Verdict or Award: $17,854,093.94
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Award as to each Defendant:
$1,000,000 to Magie Gonzalez
$16,854,093.94 to Melanie Gonzalez
- Contributory/Comparative Negligence: None.
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Economic Damages:
Future medical costs for Melanie: $6,854,093.94
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Non-Economic Damages:
Past: $1,000,000 to Magie
Past: $5,000,000 to Melanie
Future: $6,000,000 to Melanie
- Trial or Arbitration Time: 28 total days (Nov 4 to Dec 19)
- Jury Deliberation Time: 2 hours
- Jury Polls: 12-0
The Attorneys
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Attorney for the Plaintiff:
The Law Offices of Arash Khorsandi by Greg Mohrman, James Caress and Brian Beecher, Los Angeles.
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Attorney for the Defendant:
Collins + Collins LLP by Tom Guterres and Christian Chung, Pasadena.
The Experts
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Plaintiff's Medical Expert(s):
Leon Barkodar, M.D., neurology.
Bradley Jabour, M.D., neuroradiology.
Jonathan Berkowitz, M.D., orthopedic surgery.
Juan Manuel Gutierrez, Ph.D., neuropsychology.
Jan Roughan, BSN, CNCLP, life care planning.
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Defendant's Medical Expert(s):
Meeryo C. Choe, M.D., neurology.
Thomas J. Grogan, M.D., orthopedic surgery.
Talin Babikian, Ph.D., neuropsychology.
Derrick P. Olzack, PC-C, CLCP, life care planning.
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Plaintiff's Technical Expert(s):
Jonathan Cherney, law enforcement.
Jeff Bonsall, MSME, accident reconstruction.
Vijay Gupta, Ph.D., biomechanics.
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Defendant's Technical Expert(s):
Edward T. Flosi, law enforcement.
Marc Hammerstrom, B.S., accident reconstruction.
Mohammad Atarod, Ph.D., biomechanics.
Facts and Background
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Facts and Background:
At issue was whether the Sheriff's negligently mismanaged traffic arising from spontaneous street celebrations when Mexico beat the U.S. in soccer on July 7, 2019. At a pivotal intersection (Whittier & Arizona) thousands of fans congregated after the match, prompting sheriff deputies to take over control from the traffic lights. 10-15 minutes after they did, when plaintiffs used the north crosswalk, a car drove forward against a red light and ran into them.
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Plaintiff's Contentions:
Plaintiffs contended the Los Angeles County sheriffs were negligent when they failed to incorporate lessons from prior, similar operations; developed an operational plan last minute (despite having several days' notice) and did a poor job of briefing its personnel; that defendant's deputies arranged vehicles in the intersection in a way that blocked lines of sight instead of protecting pedestrians; that the deputies actively gave hand signals that contradicted the still-operational traffic lights.
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Defendant's Contentions:
The Sheriff's department claimed they were doing the best they could given the challenging and unpredictable situation. Furthermore, one of their deputies testified that the car drove forward despite being directed to conduct a U-turn. (The driver of the vehicle died during COVID and before he was deposed, so his statements at the scene that law enforcement waved him forward against the red light were never admitted for the jury.)
The defendant also contended that Melanie did not hit her head against the ground with enough force to cause a concussion, and that any post-crash issues she had were from issues she had that pre-dated the crash.
Injuries and Other Damages
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Physical Injuries claimed by Plaintiff:
Magie suffered a mild sprain on her right knee. Magie's sprain largely resolved after six physical therapy sessions.
Melanie's right tibia was fractured, and she was concussed when she hit the ground. The tibia needed emergency surgery in the ER, but all concussion-related diagnosis and treatment were facilitated through lien treatment.
Traumatic brain injury: Melanie's migraines, mental fatigue, emotional volatility and difficulty multitasking continue to plague her to this day. Her standard MRI had minimal findings supporting a brain injury, but corroborative evidence was found in advanced imaging, specifically arterial spin labeling (decreased blood flow), diffusion tensor imaging (axonal shearing damage), and fractional anisotropy (volumetric loss) to Melanie's frontal lobes.
Special Damages
- Special Damages Claimed - Past Medical: None (all waived)
- Special Damages Claimed - Future Medical: $6,854,093.94 for Melanie; $0 for Magie
- Special Damages Claimed - Past Lost Earnings: None
- Special Damages Claimed - Future Lost Earnings: None
Demands and Offers
- Plaintiff §998 Demand: $1,750,000