RMW Recent Defense News, September 2010

Maria Chavez v. Santos Topete, Case No. 37-2009-00075314-CU-PA-SC
San Diego Superior Court
Hon. Ronald L. Styn, Presiding

Managing Partner, Norman A. Ryan, Senior Associate, Timothy M. White, and Senior Paralegal, Tina L. Abernethy, tried this right-of-way automobile case which resulted in a defense verdict.

Ms. Chavez claimed she had the right-of-way near the intersection of East Plaza Boulevard and B Avenue in National City when she was in a “T-bone” motor vehicle accident with Mr. Topete’s vehicle. Mr. Topete claimed he was traveling westbound on Plaza Boulevard and he had the right-of-way when Ms. Chavez pulled out from a stop sign directly in front of him.

Ms. Chavez alleged she sustained injuries to her back, elbow, teeth, jaw, knee, leg, neck and lumbar strain. Defense counsel argued the nature and extent of Ms. Chavez’s injuries as well as the reasonableness and medical necessity of much of her treatment. At trial, her attorney asked the jury for $580,000. The jury found Mr. Topete was not negligent and ultimately awarded a defense verdict. The prior demand from plaintiff’s counsel was $99,999 and defense counsel’s last offer was $7,500.

The trial lasted four days and the jury deliberated for one hour prior to reaching the defense verdict. Post-trial, the court awarded Mr. Topete more than $11,000 in costs, including CCP 998 expenses.

This verdict result was published in VerdictSearch California, November 29, 2010 at www.verdictsearch.com.