Trial Magazine

Wen Zhao Ruan, 89, was crossing a street in Monterey Park, Calif., in the crosswalk when city employee Matthew Contreras, driving a Ford F-350 pickup truck, struck Ruan. He suffered multiple blunt-force trauma injuries and died about eight hours later, survived by four adult daughters and one adult son.

Ruan’s estate and survivors sued ­Contreras and the city, alleging that Contreras was negligent in failing to keep a proper lookout and yield to a pedestrian in the crosswalk. The plaintiffs contended that a drug test performed after the incident revealed that Contreras had a high level of carboxy-THC in his system, which showed that he was not alert when he struck Ruan.

The city admitted liability at trial, and the case proceeded on damages. The parties stipulated that Ruan’s life expectancy at the time of the incident was about 4.5 years.

The plaintiffs demanded $4 million to settle. The defense offered $1.5 million, which the plaintiffs rejected.

The jury awarded $2 million, including $400,000 to each of the five children. The verdict has been paid.

Citation: Ruan v. City of Monterey Park, No. BC555006 (Cal. Super. Ct. Los Angeles Cnty. July 8, 2016).

Plaintiff counsel: AAJ member Brian J. Panish, Los Angeles.