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Verdicts & Settlements: Motor Vehicle Liability

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Failure to yield right of way at intersection

June 18, 2020

Norma McPhoy, 70, entered an intersection on a green light and waited to turn left. When the light changed to red, she began to turn. A vehicle driven by Luiz Ramirez entered the intersection and collided with McPhoy. She suffered a traumatic brain injury and a degloved left hand, among other injuries. She underwent six hand surgeries and now suffers from anxiety, fear, and impulsivity. Her past medical expenses were approximately $495,100.

McPhoy sued Ramirez, alleging he failed to yield the right of way and caused the collision by speeding up to beat the red light. The defense argued that Ramirez had the right of way and that the traffic light was green at the time of the incident.

The jury awarded more than $11 million, finding McPhoy 30% at fault.

Citation: McPhoy v. Ramirez, No. BC628805 (Cal. Super. Ct. Los Angeles Cty. Sept. 18, 2019).

Plaintiff counsel: Joseph H. Low IV, Long Beach, Calif.

Plaintiff experts: Ted Kobayashi, accident reconstruction, Livermore, Calif.; Jonathan Eskenazi, neurology, and Prosper Benhaim, hand surgery, both of Los Angeles; Bradley Jabour, neuroradiology, Santa Monica, Calif.; and Stepan Kasminian, orthopedics, Glendale, Calif.

Defense expert: Jai Singh, accident reconstruction, Thousand Oaks, Calif.