Driver pulls out from parking lot and crosses traffic lanes in order to turn left in front a motorcycle.
At 5:15 p.m. on November 18, 2016, defendant pulled out from his office driveway in the intent of making a left turn and crossing two lanes of traffic. The defendant, riding his 2012 Subaru Outback in the second lane, blocked the way of the 32-year-old plaintiff, who was on a motorcycle. This caused a collision.
Case Details
- Case Name: Carlos Diaz v. Shemin Gau
- Court and case number: Santa Clara Superior Court/17CV312555
- Judgment or Verdict Date: Tuesday, November 12, 2019
- Date Action Filed: Monday July 03, 2017.
- Types of Action: Vehicles – Motorcycle
- Judge/Arbitrator(s), Hon. William Monahan
- Plaintiffs: Carlos Diaz
- Defendants: Shemin Gau
- Type: Jury Verdict
Verdict and Settlement
- Award or Gross Verdict: $5,332,215
- Award or Verdict: $3,732,550.50
- Contributory/Comparative Negligence: Defendant: 70%; Plaintiff: 30%
- Economic Damages Past lost earnings: $438,000Past medical: $738 215Future lost earnings: $4.102,000Future medical: $54,000
- Non-Economic Damages: None. Prop 213 case.
- Arbitration or Trial Time:2 Weeks
- Jury Deliberation Duration:4 Hours.
- Jury polls:12-0 negligence, 11-1 causation; and 12-0 on damages
- Post-Verdict Settlements & Trial Motions: Plaintiff was served with a CCP998 for $999,000. In May 2018, Plaintiff will file a motion to recover CCP 998 costs.
Personal Injury Lawyers
- Attorney for the Plaintiff Chase, LLP by H. Gavin Long, Newport Beach.
- Advocate for the Defendant Cholakian & Associates, South San Francisco by Kevin Cholakian
Expert Witnesses
- Plaintiff’s Medical Expert(s).Fernando Miranda, M.D., neurology. Sharon Berry, Psy. D., neuropsychology.
- The Medical Expert(s), Defendant: None.
- The Technical Experts of Plaintiff: Raymond Merala, accident reconstruction. Ronald Morrell, vocational rehabilitation Philip Allman, economics. Oakland. Carol Hyland, future medical expenses
- Technical Expert(s), Defendant: William Woodruff is an accident reconstruction specialist, Mountain View. Tate Kubose, human factors, Los Gatos. Jason Fries, Animation/Camera Matching Lisa Suhonos, vocational rehabilitation.
Lawyers’ Closing Arguments
Plaintiff’s Contentions: The defendant did not stop before pulling into traffic and cut plaintiff’s right-of-way, causing the accident. Plaintiff suffered a TBI, and was unable to perform the job of IT manager or earn the $165,000+ annually he had been earning at the time the crash occurred.
Defendant’s Contentions: Plaintiff was travelling at 60-65 mph when he stopped to avoid defendant, who was entering traffic. The dashcam in defendant’s vehicle showed that he didn’t stop before entering traffic. The defendant claimed that he looked for a split second before entering traffic, and that he had the right to go. 35 mph was the speed limit at which the accident occurred. Plaintiff admitted that he was traveling between 37 and 46 mph when he applied brakes.If plaintiff had not been speeding, there wouldn’t have been a crash because plaintiff struck the left rear driver’s side car of defendant. It would have been hard for plaintiff to see due to the “looming” caused by headlights from other vehicles behind him and the distance he was likely to be when he saw the plaintiff.Plaintiff’s TBI was not as severe as Defendant claimed. The neuropsychologist for defendant thought that plaintiff was more financially secure than the neuropsychologist for plaintiff. Defendant’s vocational specialist disputed plaintiff’s mitigation damages (future earnings between $25,000 and30,000 per annum), indicating that there were more lucrative jobs; plaintiff could reduce earnings damages between $60,000 to $100,000 per annum with the right cognitive training.
Personal Injuries and Damages
- Plaintiff claims physical injuries Traumatic brain injury (TBI).
Special Damages
- Special Damages Claimed – Past Medical: $738,215
- Special Damages Claimed – Future Medical: $54,000
- Past Earnings Lost Claimed: $438,000
- Special Damages Claimed for Future Loss Earnings: $4,102,000
Demands and offers
- Plaintiff, SS998 Demand $999.999 in May 2018
- Final Offer by Defendant before Trial: $25,000. (Policy limit offered pre-litigation at State Farm). For $125,000, defendant offered $100,000 more money in the week leading up to trial.
