City of Hanford tree trimmer crashes into elderly women's car. $17M. Kings County.

Facts and Background

• Facts and Background:

  On February 06, 2023, Barbara Musick (79 years old) was driving her 1998 Ford Ranger westbound on Houston Avenue toward the intersection with 13th Avenue, with her sister Gayle Dutton (87 years old) in the passenger seat. At that intersection there is a two-way stop sign controlling the north/southbound traffic on 13th. At that same place and time, Damian Espinoza was operating a 2018 Ford F450, southbound on 13th Avenue, in the course and scope of his employment as a tree trimmer with the City of Hanford.  Espinoza ran the stop sign at approximately 53 mph, causing a collision with Musick's Ford Ranger.

  Prior to trial, the City of Hanford stipulated that Damian Espinoza was negligent, and that his negligence caused plaintiffs Gayle Dutton's and Barbara Musick's injuries and damages. They also agreed that Damian Espinoza was acting in the course of his employment with defendant City of Hanford at the time of the crash. However, Defendant City of Hanford disputed the nature and extent of the injuries and damages claimed by plaintiffs Gayle Dutton and Barbara Musick.

• Plaintiff's Contentions:

  Gayle Dutton suffered multiple orthopedic injuries as well as a severe traumatic brain injury. Her past medical expenses were $327,873.11, and the life care plan was approximately $1.85 million (present day value). Because she was too old to proceed with the recommended surgeries, she would live with lifelong pain and limitation for the remainder of her life (5.10 years).

  Barbara Musick suffered multiple orthopedic injuries as well as a moderate traumatic brain injury. Her past medical expenses were $173,944.38, and the life care plan was approximately $1.94 million (present day value). because she was too old to proceed with the recommended surgeries, she would live with lifelong pain and limitation for the remainder of her life (8.88 years). Prior to the crash, both women were in incredible physical shape for their ages and lived entirely independent lives. After the crash, they rarely left their home and relied on others for the most basic tasks. The crash took them from being far above average, to far below average in terms of their functionality.

• Defendant's Contentions:

  The life care plans were inflated, and the treatment that was necessary would drastically reduce the plaintiffs' pain and suffering. Moreover, many of their injuries had resolved without residual symptoms and they were still capable of performing many daily activities.