Carolina Padilla Lopez et al. vs. Colin Wayne Erwin et al.

Case Background

On April 20, 2017, Plaintiff Lopez filed a personal injury lawsuit alleging negligence after being struck by a vehicle at an intersection while riding his bicycle. The case was filed in the California Superior Court, Los Angeles County. Judges Michael B. Harwin, Lisa R. Jaskol, Anne Hwang, Susan J. Matcham, Daniel M. Crowley, William A. Crowfoot, Theresa M. Traber, and Christopher K. Lui presided over this case. [Case number: BC658554]

Cause

On July 17, 2015, Defendant Colin Wayne Erwin was driving down to the intersection of Main Street and Strand Street in Santa Monica, CA. However, Erwin was negligent and failed to yield right of way to Plaintiff Carolina Padilla Lopez, who was crossing westbound on Strand Street in a marked crosswalk on his bicycle.

Defendant Susanne Kerstin Birgitt Von den Stemmen, an employee of VW Credit, Inc., was also negligent and violated California Vehicle Code section 21211. This code prohibits parking on bicycle paths or bikeways. Von den Stemmen had parked the company’s vehicle in such a manner that it had its front left wheel over the white solid parking line, and her left rear wheel was on it as well. This placement obstructed the bicycle path on northbound Main Street, just before the intersection with Strand Street.

The position of Von den Stemmen’s vehicle blocked Erwin’s view of the Plaintiffs as he traveled northbound on Main Street toward the intersection. As a result, a collision took place at the intersection and caused severe injuries and damages to the Plaintiff.

Damages

The Plaintiff experienced several losses as a result of the incident. First, the Plaintiff incurred wage loss. Second, there was a loss of use of property. Third, the Plaintiff faced hospital and medical expenses. Additionally, the Plaintiff suffered general damages. There was also property damage. Lastly, the Plaintiff experienced a loss of earning capacity.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Carolina Padilla Lopez
    • Counsel for Plaintiff(s): Minh T. Nguyen Law Office of Minh T. Nguyen minh@nguyenlawyers.com
  • Defendant(s): Colin Wayne Erwin | Susanne Kerstin Birgitt Von den Stemmen | VW Credit, Inc. | Does 1 to 100
    • Counsel for Defendant(s): Stephen C. Pasarow KNAPP, PETERSEN & CLARKE scp@kpclegal.com

Claims

Defendant Colin Wayne Erwin was negligent and violated California Vehicle Code section 21950. This section required drivers to yield the right-of-way to pedestrians in marked crosswalks. Defendant Susanne Kerstin Birgitt Von den Stemmen was also negligent and violated California Vehicle Code Section 21211. This code prohibits parking on bicycle paths or bikeways. The Plaintiff claimed damages for negligence and negligence per se.

Defense

Defendant Colin Wayne Erwin denied all allegations related to him. He contested the claims that he caused any damages as alleged.

In his affirmative defenses, Erwin argued that if the plaintiff suffered any loss, such damage was due to the plaintiff’s own negligence. Erwin also claimed that the plaintiff assumed the risk of inherent dangers and thus should not recover damages related to these risks. Additionally, Erwin asserted that any non-economic damages should be limited by the Fair Responsibility Act of 1986, proportional to his negligence. He further stated that damages were caused by other parties, including unnamed defendants, and should be apportioned accordingly. Lastly, Erwin argued that the plaintiff failed to present sufficient facts to establish a cause of action against him and also claimed that the plaintiff did not mitigate damages properly.

Jury Verdict

On March 05, 2024, the California jury after deliberation determined that Defendant Colin Wayne Erwin had been negligent and such negligence had been the substantial factor in the harm caused to Plaintiff. The jury awarded the following damages:

  • Past medical expenses: $221,687.33
  • Past non-economic loss: $964,000
  • Future non-economic loss: $1,446,000

The total award came up to $2,631,687.33

The jury determined that Carolina Padilla Lopez was also negligent and assigned 83% of the responsibility for harm to Colin Wayne Erwin and 17% of the contributory fault to Lopez.

On April 4, 2024, a judgment on the special verdict was entered.

Court Documents:

Available upon request