Liability in question after collision at controlled intersection. Red light case.
- Case Name: Josefina Valdivia v. Carol Perez, et al
- Court and Case Number: Los Angeles Superior Court / 16K13534
- Date of Verdict or Judgment: Friday, May 24, 2019
- Date Action was Filed: Wednesday, November 02, 2016
- Type of Case: Vehicles - Auto vs. Auto, Vehicles - Intersection
- Judge or Arbitrator(s): Hon. James A. Kaddo
Plaintiffs: Josefina Valdivia
Defendants: Carol Perez (driver of vehicle)Aurora Maldonado (owner of vehicle)
- Type of Result: Jury Verdict
- Gross Verdict or Award: $19,315
- Net Verdict or Award: $15,452
Award as to each Defendant:
Total judgment: $15,452 (net) against defendants.
- Contributory/Comparative Negligence: Plaintiff 20% comparative liability, defendants 80% liable.
Total economic damages: $8,315 (medical specials $4,015, property damage $4,300)
- Trial or Arbitration Time: 3 days.
- Jury Deliberation Time: 1 day.
- Jury Polls: 9-0
- Post Trial Motions & Post-Verdict Settlements: Defendant partially won the motion to tax, since plaintiff had not exceed the 998 the court did not award expert fees. However, the court denied defendant's motion to tax other costs.
Attorney for the Plaintiff:
Southwest Legal Group by Theodore Cox, Woodland Hills.
Attorney for the Defendant:
Law Offices of Fancine B. Kelley & Assoc. by Onica Cole, Cerritos.
Plaintiff’s Medical Expert(s):
Benito Santillan, D.C., Beverly Hills.
Facts and Background
Facts and Background:
On March 12, 2015 plaintiff was driving a 2001 Mitsubishi eastbound on Paxton Street and came to a stop for a red light at Paxton Street and Herrick Street. When plaintiff's light turned green, she entered the intersection and was struck on the left side by the front of defendant's 2001 Chevrolet Malibu.
That defendant entered the intersection against a red traffic signal and impacted plaintiff's vehicle, directly resulting in plaintiff sustaining injuries and incurring medical bills, property damages and general damages.
That defendant was 100% liable for causing the accident and plaintiff's injures and damages by running a red light for defendant's direction of travel. Plaintiff sustained soft tissue injuries and incurred medical bills and her vehicle was determined to be a total loss due to damages sustained in the accident.
That she had entered the intersection with a yellow light for her direction of travel and plaintiff had failed to yield the right of way to defendant's vehicle within the intersection. That plaintiff was 100% liable for causing this accident, and further, that plaintiff had not sustained any injuries in the accident.
Injuries and Other Damages
Physical Injuries claimed by Plaintiff:
Soft tissue neck, shoulder back, emotional distress / pain and suffering
- Special Damages Claimed - Past Medical: $4,015
- Special Damages Claimed - Future Medical: N/A
- Special Damages Claimed - Past Lost Earnings: N/A
- Special Damages Claimed - Future Lost Earnings: N/A
Demands and Offers
- Plaintiff §998 Demand: $8,000 upon driver Perez, and $8,000 upon defendant owner Maldonado.
- Defendant §998 Offer: $2,000.