Vol. 54 No. 11

Trial Magazine

Verdicts & Settlements: Government Liability

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Negligent Operation of Garbage Truck

November 2018

Corazon Espano, an accountant in her 60s, was at the corner of an intersection waiting for a traffic light to change before she attempted to cross the street. When the light signaled “walk,” she entered the crosswalk and was struck by a turning garbage truck operated by Raymond Morell for the city of Torrance, Calif.

Espano suffered a traumatic brain injury and orthopedic injuries, including a crushed knee. She underwent several surgeries and procedures, including open reduction internal fixation of her right tibia, skin grafting, and debridement of her lower right leg. She may require a leg amputation due to her high risk of infection. Her Medi-Cal lien totaled $100,000.

Espano and her husband sued Morell and the city, alleging negligent operation of the garbage truck and vicarious liability. The defense conceded liability.

The parties settled for $9.5 million.

Citation: Espano v. City of Torrance, No. BC612078 (Cal. Super. Ct. Los Angeles Cnty. Nov. 8, 2017).

Plaintiff counsel: AAJ member Thomas M. Dempsey, Beverly Hills, Calif.; and Daniel E. Selarz and Aryan Sarbaz, both of Los Angeles.

Plaintiff experts: Rajan Patel, orthopedic surgery, Los Angeles; David Lechuga, neuropsychology, Lake Forest, Calif.; Edward Garcia, economics, Pasadena, Calif.; Howard Pitchon, infectious disease, Beverly Hills; and Joseph Peck, pain management, Torrance, Calif.

Defense experts: Michael Weinstein, orthopedics, Newport Beach, Calif.; Edwin Amos III, neuropsychology, Santa Monica, Calif.; Thomas Hedge Jr., physical medicine, Northridge, Calif.; Patricia Hedrick, life care planning, El Segundo, Calif.; and A. Jubin Merati, economics, Los Angeles.