Neck and brain injuries leave sheriff's deputy unable to work after crash. $10.1M. San Luis Obispo County.

Summary

Liability contested in high-speed left-turn collision.

The Case

Case Name: Scott Curry v. Kayla Myers, et al.
Court and Case Number: San Luis Obispo Superior Court / 20CV0262
Date of Verdict or Judgment: Monday, July 22, 2024
Date Action was Filed: Monday, May 18, 2020
Type of Case: Vehicles - Intersection, Vehicles - Left Turn
Judge or Arbitrator(s): Hon. Craig Van Rooyen
Plaintiffs:
Scott Curry, 58
Defendants:
Kayla Myers
Type of Result: Jury Verdict

The Result

Gross Verdict or Award: $10,120,000
Net Verdict or Award: $9,614,000
Award as to each Defendant:
Defendant vehicle owner was dismissed from trial as her insurance company settled out in 2021.
Contributory/Comparative Negligence: 5% on plaintiff Scott Curry
Economic Damages:
$4,120,000
Non-Economic Damages:
$6,000,000
Trial or Arbitration Time: 4 weeks
Jury Deliberation Time: 3 days

The Attorneys

Attorney for the Plaintiff:
The Ortega Firm, Inc. by Tanya Ortega, Los Osos.

Patricia Kuendig, pro hac vice, Park City, UT.
Attorney for the Defendant:
Hanger, Steinberg, Shapiro & Ash by Paul Ash, Marc Shapiro, John Demarest and Megan Asrani, Woodland Hills.

The Experts

Plaintiff’s Medical Expert(s):
Philip Kissel, M.D., neurosurgery.

Travis Snyder, M.D., neuroradiology.

Sheldon Jordan,, M.D., neurology.

Deborah Perlman, life care planning.
Defendant's Medical Expert(s):
Clifford Segil, M.D., neurology.

Dr. Gabriel Barnard, M.D., physiatry.

Nicholas Thaler, Ph.D., neuropsychology.

Richard Kahmann, M.D., orthopedic surgery.

Douglas Katsev, M.D., ophthalmology.

John Lieu, M.D., radiology.

Anthony Romero, M.D., orthopedic surgery.

Matthew Budoff, M.D., cardiology.

Sarah Larsen, life care planning.
Plaintiff's Technical Expert(s):
Heather Xitco, economics.
Defendant's Technical Expert(s):
Russell Gish, accident reconstruction.

John Gardiner, biomechanics.

John Meyers, vocational rehabilitation.

Barbara Luna, economics.

Facts and Background

Facts and Background:
On February 26, 2019, the defendant driver was turning left across northbound through-lanes when she hit plaintiff's vehicle in the northbound through-lane. Plaintiff, 58, a San Luis Obispo County deputy sheriff, was on duty at the time of the collision, in an unmarked county vehicle.

Both parties claimed to have the green traffic signal when they entered the intersection.
Plaintiff's Contentions:
Plaintiff claimed that defendant ran a red left-turn signal and caused this head-on crash.
Defendant's Contentions:
That plaintiff ran a red traffic signal for northbound traffic and entered the intersection at a high rate of speed.

Injuries and Other Damages

Physical Injuries claimed by Plaintiff:
Plaintiff suffered neck injuries that required anterior and posterior two-level fusion surgeries. He also suffered brain injuries that caused abdominal dystonia and cognitive impairment.
Plaintiff was unemployable due to his physical injuries and cognitive impairment. He could no longer work at the sheriff department as a deputy or law enforcement academy as an instructor. He claimed past and future lost earnings.

Special Damages

Special Damages Claimed - Past Medical: Waived.
Special Damages Claimed - Future Medical: $7,802,898
Special Damages Claimed - Past Lost Earnings: $163,296
Special Damages Claimed - Future Lost Earnings: $467,277

Additional Notes

Defendant driver was insured under her father’s Allstate policies (underlying $250,000 and excess $2 million). The available policy limits were $2,250,000. Plaintiff demanded the policy and reopened the CCP 998 offer seven different times between 2020 and 2022. Allstate refused to tender the policy; instead, it sent a CCP 998 offer for $833,589 in April 2024. Total costs and CCP 998 interest are $4.5 million.