Gayle Dutton et al vs. Damian Rolando Espinoza et al

Case Background

On May 18, 2023, elderly Plaintiffs Gayle Dutton and Barbara Musick filed a lawsuit seeking damages against the City of Hanford after a city employee collided with them after running a stop sign.

The motor vehicle accident lawsuit was filed in the Kings County Superior Court, California. Hon. Valerie Chrissakis presided over this case. [Case number: 23CU0185]

Cause

On February 6, 2023, Plaintiff Barbara Musick, 79, was driving her 1998 Ford Ranger west on Houston Avenue, heading toward the intersection with 13th Avenue. Her sister, Plaintiff Gayle Dutton, 87, was seated in the passenger seat.

The intersection had a two-way stop sign that controlled traffic on 13th Avenue, directing vehicles traveling north and south. At the same time, Defendant Damian Espinoza was driving a 2018 Ford F450 south on 13th Avenue. Espinoza was working as a tree trimmer for the City of Hanford at the time. He failed to stop at the stop sign and was traveling at an estimated speed of 53 mph. As a result, his vehicle collided with Musick’s Ford Ranger.

Injury

Plaintiff Dutton sustained a facial laceration, severe traumatic brain injury (TBI), and cervical fractures with subluxations. She also suffered a degloving injury to her right hand, a lumbar sprain leading to radiculopathy, and multiple rib fractures. Additionally, Dutton experienced a collapsed lung, a pubic bone fracture, and a humerus fracture that caused permanent disfigurement.

Plaintiff Musick experienced a moderate TBI, resulting in cognitive impairment and a high likelihood of developing dementia within five years. She also suffered a cervical and lumbar sprain, both causing radiculopathy. In addition, Musick sustained a sternal fracture, multiple rib fractures, a collapsed lung, and a tibial fracture. The tibial fracture caused permanent disfigurement to the tibial plateau.

Damages

Gayle Dutton sustained multiple orthopedic injuries along with a severe traumatic brain injury. Her past medical expenses totaled $327,873.11, and her life care plan was estimated at $1.85 million. Due to her age, she was unable to undergo the recommended surgeries. As a result, she would endure lifelong pain and limitations for the next 5.10 years.

Barbara Musick also suffered multiple orthopedic injuries and a moderate traumatic brain injury. Her past medical expenses amounted to $173,944.38, while her life care plan was valued at approximately $1.94 million. Like Dutton, Musick was too old for the suggested surgeries. Consequently, she would face lifelong pain and limitations for the next 8.88 years.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Gayle Dutton | Barbara Musick
    • Counsel for Plaintiff(s): Ashkahn Mohamadi | Bobby Taghavi
  • Defendant(s): City of Hanford
    • Counsel for Defendant(s): Christina Di Filippo | Mario Zamora

Claims

Before the crash, both women were in exceptional physical shape for their ages and lived independently. They maintained active lifestyles and managed their daily activities without assistance. However, after the crash, their lives changed drastically. They seldom left their home and depended on others for even the most basic tasks. The crash transformed them from being highly functional individuals to struggling with significant limitations.

Defense

The defense contended that the Plaintiff’s life care plans were exaggerated. They claimed that the required treatment would significantly alleviate the Plaintiffs’ pain and suffering. Additionally, many of their injuries had healed without leaving lasting symptoms. Despite this, they remained able to carry out numerous daily activities.

Jury Verdict

On Thursday, August 29, 2024, the jury rendered a verdict awarding a total of $17,476,817.49 in damages. Gayle Dutton was awarded $9,627,873.11 against the City of Hanford, while Barbara Musick received $7,848,944.38. The jury found no contributory or comparative negligence.

Economic Damages:

  • Dutton: $327,873.11 in past medical expenses; $1,800,000 in future medical expenses
  • Musick: $173,944.38 in past medical expenses; $1,800,000 in future medical expenses

Non-Economic Damages:

  • Dutton: $3,500,000 in past pain & suffering; $4,000,000 in future pain & suffering
  • Musick: $1,725,000 in past pain & suffering; $4,150,000 in future pain & suffering

The trial lasted 8 days, with jury deliberations taking 3 hours to reach the verdict.

Court Documents:

Available upon request

Press Release:

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