$21 Million for Truck Accident

Largest California non-punitive verdict for single individual, including interest and costs, Zivic v. Winterland 2001. Involved auto/truck accident with claimed brake failure defense.

We recently tried an interesting case in San Francisco County Superior Court. We represented a 56-year-old woman who was injured when her car was struck from behind by a Mack truck at the Fourth Street off-ramp off Highway 280. She was waiting at a stop light when the truck hit the car behind her and then pushed her car into the car in front of her. The driver of the truck claimed that his brakes failed at the last minute. At the scene of the accident she did not seem to be seriously injured; nevertheless, she was taken to the hospital where they discovered she was bleeding into her brain. She was admitted to the hospital for an emergency craniotomy to evacuate a large subdural hematoma. She was in a coma for three days and woke to a partial paralysis. Several months later she had recovered her motor abilities, but had residual cognitive deficits including memory, concentration and the ability to perform multiple tasks simultaneously. She attempted to return to work eight months after the accident as an executive search recruiter, however she was unable to perform the demanding aspects of her job. The defense contended that she was obviously bright, articulate and therefore should be able to work. They also contended that the brake failure could not have been anticipated. We convinced the jury that she was not able to return to her previous employment and there was not a brake failure. The defendant offered $3,500,000 in settlement, which was rejected. The jury awarded $19,631,000. The judgment was entered for this amount plus past interest and costs for a total of $21,000,000. Our investigation indicates that this may be the largest net compensatory (non punitive) award of its type for an individual in California state history.