Trial News

Margaret Jake O’Kelly, 50, was stopped in her SUV on a northbound road. Teenager Mariah Bryant rear-ended O’Kelly’s car, pushing it forward into another vehicle. Although the impacts to O’Kelly’s vehicle were at low speed, she suffered a mild traumatic brain injury in the crash. As a result, she suffers from cognitive deficits, including short-term memory loss and difficulties with executive functioning. Her past medical expenses were approximately $26,000. She was unable to continue working, and her plans to sell her olive oil company fell through as a result of her inability to perform her job duties as required by the proposed sales agreement. She also is unable to return to her previous profession as a certified public accountant. Her future lost earning capacity was estimated at more than $2 million, plus the $600,000 in salary she planned to earn after the sale of her company.

O’Kelly sued Bryant, alleging liability for the collision.

The jury awarded more than $6.8 million. The parties resolved the case following the court’s denial of the defendant’s posttrial motions for new trial and j.n.o.v.

Citation: O’Kelly v. Bryant, No. 17CV000345 (Cal. Super. Ct. Napa Cnty. Aug. 23, 2018).

Plaintiff counsel: AAJ members Roger A. Dreyer and Noemi Esparza, both of Sacramento, Calif.

Plaintiff experts: Richard Olcese, neuropsychology, Santa Rosa, Calif.; and Richard Barnes, economics, Sacramento.

Defense expert: Elaine Serina, accident reconstruction, Hayward, Calif.