Landeros v. Torres

206 Cal. App. 4th 398, 141 Cal. Rptr. 3d 744, 2012 WL 1869682, 2012 Cal. App. LEXIS 617
CourtCalifornia Court of Appeal
DecidedMay 24, 2012
DocketNo. F060251
StatusPublished
Cited by5 cases

This text of 206 Cal. App. 4th 398 (Landeros v. Torres) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Landeros v. Torres, 206 Cal. App. 4th 398, 141 Cal. Rptr. 3d 744, 2012 WL 1869682, 2012 Cal. App. LEXIS 617 (Cal. Ct. App. 2012).

Opinion

Opinion

CORNELL, J.

Gustavo Davalos Torres appeals from a judgment entered in favor of Rocio M. Landeros (hereafter Landeros) and Marta L. Perez (sometimes hereafter plaintiffs).

The action arose out of an automobile collision that caused severe and permanent brain injuries to Landeros and significant but lesser injuries to Perez. Torres was intoxicated at the time of the collision. The jury awarded Landeros a total of $31,656,208 and awarded Perez $77,986.55.

[401]*401The primary issue is whether Landeros was insured at the time of the collision within the meaning of Civil Code section 3333.4 (hereafter section 3333.4). If Landeros was uninsured, then section 3333.4 would prevent her from recovering $22 million in noneconomic damages awarded to her by the jury. The vehicle Landeros was driving was purchased and insured by her father, Miguel Landeros. Landeros was unlicensed at the time of the collision. As we shall explain, we conclude Landeros was insured as a permissive user under Miguel Landeros’s insurance policy, notwithstanding her unlicensed status.

Torres also argues (1) the trial court erred in instructing the jury, (2) Landeros’s counsel committed misconduct, and (3) the punitive damage award was not supported by substantial evidence because Landeros failed to provide meaningful evidence of Torres’s financial condition. We reject each of these arguments and affirm the judgment.

FACTUAL AND PROCEDURAL SUMMARY

The facts related to the collision will be summarized briefly as they are not relevant to the issues on appeal.

Landeros suffered serious and permanent brain damage after the vehicle she was driving was struck by a vehicle driven by Torres. Perez was a passenger in the vehicle Landeros was driving. We focus on Landeros because the only issue related to the judgment in favor of Perez is the punitive damage award.

Landeros was in a coma for several weeks after the collision and spent over nine months in the Center for Neuro Skills, a specialized facility for people who have suffered a brain injury, where she received intensive therapy in an attempt to recover from her injuries.

Landeros, acting through her guardian ad litem Maria Landeros, and Perez filed a complaint containing causes of action for negligence and motor vehicle negligence. The complaint also sought punitive damages.

At trial, Torres admitted his negligence was the cause of the collision and the cause of Landeros’s injuries. He also admitted (1) when he was tested three hours after the collision, his blood-alcohol content was 0.10 percent; (2) he pled no contest to charges he was driving while intoxicated; and (3) he [402]*402was sentenced to a term of 32 months in prison as a result of the conviction. Torres did not contest evidence that Landeros was permanently disabled, would never work, and would need assistance 24 hours a day, every day, for the rest of her life.

As a result of the stipulations, the issue at trial was damages. Even this issue was partially resolved as Torres stipulated that Landeros’s reasonable and necessary past medical expenses were $1,106,208. Experts testified about Landeros’s future medical needs, as well as accommodations necessitated by the injury to her brain.

On many of the issues the parties had only minor disputes. Landeros’s counsel attempted to maximize Landeros’s future needs, while defense counsel attempted to minimize those needs. The main points of contention were noneconomic damages and testimony by Landeros’s experts that she would need 30 hours of occupational therapy a week for the rest of her life, at a cost of approximately $19 million.

Landeros’s counsel requested $47 million in future economic damages. He also argued that Landeros’s noneconomic damages should be compensated at $1 million per year for the rest of her life; but, because the value of money today is likely to be less than in the future, the award requested in today’s dollars was $259,930,492. The total award requested for economic and noneconomic damages was $317 million.

Landeros also requested the jury award $26,000 in punitive damages. No attempt was made to explain how this figure was arrived at or the basis for this request.1

Torres’s counsel argued the jury should award Landeros $5,351,046 in economic damages and $3.4 million for her noneconomic damages.

The jury awarded Landeros $1,106,208 in past economic damages, $7 million in future economic damages (reduced to present value), $1.1 million in lost earning capacity, $450,000 in homemaker expenses, $1 million in past

[403]*403noneconomic damages, and $21 million in future noneconomic damages, for a total award of $31,656,208. The jury also awarded punitive damages of $13,000. Judgment was entered consistent with the verdict.

Torres made a motion for a judgment notwithstanding the verdict and a motion for a new trial. Both motions were denied. He appeals from the judgment entered on the verdict.

DISCUSSION

I. Section 3333.4

The Statute

Section 3333.4, subdivision (a) precludes recovery of noneconomic damages incurred as a result of a motor vehicle accident when the injured plaintiff (1) was operating the vehicle in violation of Vehicle Code section 23152 (driving while under the influence of alcohol or drugs) or 23153 (causing injury while driving under the influence of alcohol or drugs), (2) owned the vehicle involved in the collision and the vehicle was not insured as required by the financial responsibility laws of California, or (3) was the operator of a vehicle involved in a collision and he or she could not establish his or her financial responsibility as required by the financial responsibility laws of California.2 Torres contends Landeros operated the vehicle without insurance, in violation of section 3333.4, subdivision (a)(3), and therefore cannot recover noneconomic damages.

[404]*404 Relevant Facts and Procedure

The vehicle Landeros was driving when the collision occurred was purchased by Miguel Landeros four days before the collision. He obtained insurance as required by California’s financial responsibility laws and then provided the vehicle to Landeros for her use.3 Landeros did not have a driver’s license and had never taken any driver’s training courses as required by law, nor had she obtained insurance on her own behalf.

Prior to trial, Torres moved the trial court to exclude any evidence that Landeros suffered noneconomic damages, arguing that she was precluded from doing so pursuant to section 3333.4. Landeros made several arguments in opposition to the motion, but the trial court found that section 3333.4 did not apply because Landeros was a permissive user of the vehicle under Miguel Landeros’s insurance policy and thus was covered by insurance as required by California’s financial responsibility laws.4

Landeros’s Status as a Permissive User

Torres’s argument, reduced to its essence, is that Landeros could not be a permissive user of the vehicle because she did not have a valid driver’s license. We emphasize that the issue is whether Landeros would have had liability coverage for an accident in which she was at fault.

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Cite This Page — Counsel Stack

Bluebook (online)
206 Cal. App. 4th 398, 141 Cal. Rptr. 3d 744, 2012 WL 1869682, 2012 Cal. App. LEXIS 617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landeros-v-torres-calctapp-2012.