LOS ANGELES--(BUSINESS WIRE)--Following a 15 day trial, a Los Angeles County jury has awarded $6,126,000 to 62-year-old Chung Wu Hsu who suffered severe and traumatic injuries after her vehicle was broadsided by a box truck whose driver had ran a red light after he dozed off behind the wheel. Plaintiff was represented at trial and in the case by Kevin Boyle, Andrew Owen and Matthew Stumpf of Panish Shea & Boyle LLP.
"Ms. Hsu's life is forever changed as a result of this horrific collision," said attorney Kevin Boyle. "The jury's verdict will enable her to get the continued medical treatment she needs and to live her best life possible despite her devastating injuries. We are honored to have represented her in this case."
In the early morning hours on July 5, 2017, Plaintiff Hsu was driving her 1998 Lexus ES300 in the City of Santa Clarita. As she traveled eastbound on Newhall Ranch Road and approached the intersection with Copper Hill Drive, she continued with the right-of-way on a green light when her vehicle was violently T-boned by a white box truck driven by Defendant Moises Roberto Martinez Diaz. As a result of the collision, Ms. Hsu suffered serious and permanent injuries including trauma to her cervical spine multiple rib fractures, and a traumatic brain injury.
Defendant Martinez, an employee of R & P Food Processing, Inc. who was acting within the course and scope of his employment at the time of the collision, admitted to the investigating officer at the scene that he was "half asleep" and that he had ran a red light. He was cited by police for the red light violation and paid the fine – never disputing or appealing the California Vehicle Code 21453(a) violation conviction.
Defendants fought liability and Ms. Hsu’s claim for damages for years. Approximately six (6) months after the incident, Plaintiff made a reasonable settlement demand because liability was unequivocally clear and the damages were so significant that they obviously exceeded defendants’ $1 million insurance policy limits. Shockingly, defendants’ insurance company failed to accept the demand. They continued to deny liability for years until the eve of trial, when they finally admitted Defendant Martinez was the sole cause of the collision.
Following two (2) days of deliberation, the jury delivered a verdict in favor of Plaintiff totaling $6,126,000, including $275,000 for past economic damages, $851,000 for future economic damages, $1,000,000 in past non-economic damages, and $4,000,000 in future non-economic damages.
Additionally, and as a result of Defendants failure to accept the Plaintiff's CCP 998 Offer to Compromise for $1,000,000 in December 2017, the verdict is subject to prejudgment interest at 10 percent per year. With the interest, as well as fees and costs, the total result will exceed $7,300,000.
Defendants R & P Food Processing, Inc. and Moises Roberto Martinez Diaz were represented at trial and in the case by Scott L. Macdonald, Erin M. Davis, and Michael Cody of Macdonald & Cody, LLP.
Chung Wu Hsu v. R & P Food Processing, Inc., et al
Superior Court of the State of California, County of Los Angeles, Alhambra Courthouse
Case No. BC673865
Hon. Armen Tamzarian
About Panish Shea & Boyle LLP
Panish Shea & Boyle LLP (psblaw.com) represents plaintiffs in catastrophic personal injury, wrongful death, products liability, mass torts, and business litigation cases. Firm attorneys are repeatedly recognized for their excellence by other trial attorneys, legal organizations and publications nationwide and have dedicated themselves to obtaining justice for clients who are often dealing with a life-altering injury, death of a family member or other challenges caused by the wrongful act of another. With this mission at the heart of its work, the firm has a proven track record of obtaining significant, and often record-breaking verdicts including the largest personal injury verdict in United States history at the time ($4.9 billion), a $53 million verdict for two brothers severely injured in a near head-on collision with a big rig, and a $41.8 million verdict and subsequent $46 million settlement for a U.S. Air Force Captain who suffered catastrophic injuries after he was struck from behind on his motorcycle by a Southern California Gas Company truck whose driver alleged to have suffered a seizure.
