Verdicts & Results:
1. Rachel Fernandez vs. State of California ($45,000,000 non-economic damages – September 2, 2016 – Downtown Los Angeles) Wrongful Death/Negligence
The Rachel Fernandez case unfolds with a tragic narrative. Defendants Maria Rodriguez and Elba Jimenez shared a residence in Ontario. Maria Rodriguez lent her car to Elba Jimenez for a trip to Los Angeles, where both planned to attend a party. Later that day, Maria drove her second car to the same location. At the party, while Maria remained sober, Elba Jimenez consumed alcohol. Despite Maria's observation of this, she allowed Jimenez to drive for 20 minutes from the party to her mother's house in Los Angeles, where Maria parked her second car. According to Maria, Jimenez exhibited no signs of impairment during this drive. However, upon arrival at Maria's mother's house, Maria left the car to drive her second car home separately, with the initial plan being for both to drive to Ontario independently.
Jimenez chose to exit the 5 freeway at the Cesar Chavez Avenue exit, which led to a "T" intersection with a red light. Jimenez proceeded through the red light, veering straight into a parking lot where a taco truck was stationed, tragically resulting in the loss of two lives.
The combined award to all plaintiffs amounted to $45.0 million. The verdict, upheld by Judge Mackey, sent a resounding message to insurance carriers nationwide regarding the value of pure non-economic damages in wrongful death cases. This landmark verdict significantly elevated the standards for settlements in wrongful death cases across the entire plaintiffs' bar.
2. Antonio Pureco v. David De La Torre Carillo ($10,000,000 – August 5, 2016 – Los Angeles) Negligence
In this contested liability jury case, I represented Mr. Pureco, a landscaper. Mr. Pureco was returning home from work to an apartment building located on a narrow street bordered by several other apartment buildings. This designation classified the street as a "commercial street" in accordance with the vehicle code.
Upon spotting a parking space on the opposite side of the street, Mr. Pureco maneuvered to secure the space, intending to complete a "light bulb-shaped" U-turn in the middle of the block. Making a mid-block U-turn on a commercial street is against the law. David Carrillo, who was driving behind Mr. Pureco, misinterpreted the maneuver as a parking attempt. Carrillo collided with Mr. Pureco when the latter executed the illegal U-turn. Mr. Pureco suffered a traumatic brain injury in the accident. Notably, there were no eyewitnesses apart from the friends of David Carrillo who were in the defendant's truck. Mr. Pureco's blood alcohol level, although present, registered below .08 by the time it was tested.
Given the complexity of the liability issue in this case, the defendants' insurance company, Allstate Insurance, allowed a valid $100,000.00 policy limit demand made by prior counsel to lapse. Allstate only offered the policy after the expiration of the policy limit demand. This lapse was indicative of negligence and bad faith on the part of Allstate. I successfully discredited the defense expert's opinion by highlighting that the accident was not "unavoidable." By skillfully cross-examining the defendant's accident reconstruction expert and emphasizing the defendant's speeding, I elicited an admission from the expert that, had the defendant adhered to the 35 mph posted speed limit in the final moments before the collision, the plaintiff could have executed his illegal U-turn in front of the defendant without incident.
3. ($13,860,000 – 2011 – Santa Monica) Traumatic Brain Injury
In 2011, I achieved a groundbreaking settlement of $13.86 million on the eve of trial for a former professional fighter who had sustained a traumatic brain injury in an automobile collision. The majority of the client's traumatic brain injury symptoms only surfaced several months after the accident. Insurance companies contended that the client was feigning a movement disorder. To refute these claims, I dedicated over four years to litigating the case, resulting in the creation of a voluminous case file, believed to be the largest in the history of a Santa Monica courtroom, spanning over 60 volumes.
4. ($6,800,000 – 2010 )
Similarly, in 2010, I served as counsel in a bar fight case in which a college football player was assaulted by a security guard. Remarkably, the jury awarded Carpenter & Zuckerman's client more than $6.8 million despite the client having incurred less than $23,000 in past medical bills.