Jury Awards $382K in Walnut Creek DUI Wrongful Death Case
Table of Contents
Case Background
On July 30, 2022, at approximately 1:50 a.m., Maricarmen G. Leon walked southbound on the east side sidewalk of North Main Street in Walnut Creek, California. She was between the intersections of North Main Street and Pine Street, and North Main Street and North California Boulevard. At that same time, Briana M. Day drove her 2015 RAM 1500 truck northbound on North Main Street.
According to the complaint, Day consumed alcoholic beverages before driving and operated her vehicle while extremely intoxicated. Her blood alcohol content measured at least 0.21 percent shortly after the incident, more than two and a half times the legal limit of 0.08 percent. Day failed to safely navigate her turn from North California Boulevard onto North Main Street. Due to her extreme intoxication and high speed, she lost control of her vehicle. The truck left the roadway and struck Maricarmen Leon and another pedestrian on the sidewalk.
Maricarmen Leon suffered severe and disfiguring injuries from the collision. She died on July 30, 2022. Her father, Rafael Leon, filed a wrongful death lawsuit against Day on February 6, 2024, in Contra Costa County Superior Court. The case was assigned docket number C24-00319.
Cause
The Plaintiffs alleged that Day drove her vehicle in a malicious, reckless, wrongful, and grossly negligent manner while knowingly and intentionally under the influence of alcohol. They claimed Day violated California Vehicle Code Section 23153(a) and (b), which prohibit driving under the influence of alcohol and driving with a blood alcohol content of 0.08 percent or more while causing injury.
Injury
Maricarmen Leon sustained fatal injuries that caused her death on July 30, 2022. The complaint described her injuries as severe and disfiguring. The collision occurred when Day's truck mounted the sidewalk where Leon was walking.
Damages Sought
Rafael Leon sought damages for wrongful death and survival claims. He requested compensation for the loss of his daughter's love, companionship, comfort, care, financial support, assistance, protection, affection, society, and moral support. He also claimed funeral and burial expenses and damages for his daughter's pain, suffering, and disfigurement before her death. The Plaintiffs sought punitive damages based on Day's alleged conscious disregard for the rights and safety of others.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Rafael Leon, individually and as successor-in-interest to the Estate of Maricarmen G. Leon
· Counsel for Plaintiff: Joseph J. Appel | Thomas G. Appel
Defendant: Briana M. Day
· Counsel for Defendant: Lisa L. Renaud | Steven C. Toschi
· Experts for Defendant: Eric Rossetter | Michael Laufer | Peter Cassini
Claims
Wrongful Death
The Plaintiffs brought a wrongful death claim under California Code of Civil Procedure Section 377.60. They argued that Day's intoxicated driving directly and proximately caused Maricarmen Leon's death. The complaint noted that Day previously pleaded guilty to felony vehicular manslaughter while intoxicated on November 16, 2023, in Contra Costa County Superior Court criminal case number 01-22-01468.
Survival Action
Under California Code of Civil Procedure Sections 377.30 and 377.34, the Plaintiffs pursued a survival action for damages Maricarmen Leon personally sustained before her death. These included her pain, suffering, and disfigurement. The Plaintiffs claimed entitlement to punitive damages under Civil Code Section 3294(d) based on Day's despicable conduct and conscious disregard for safety.
Defense
Day filed her answer on April 2, 2024, through attorney Lisa L. Renaud. The defense denied all allegations and raised several affirmative defenses. Day argued the complaint failed to state a cause of action. She raised comparative fault defenses, claiming that if the Plaintiffs suffered damages, those damages resulted partly from the Plaintiffs' own failure to act as reasonably prudent persons. The defense also claimed comparative fault of the decedent and other parties. Day challenged the punitive damages claim, asserting the complaint failed to state sufficient facts under Civil Code Section 3294.
Jury Verdict
The jury returned its special verdict on December 3, 2024, before Judge Benjamin T. Reyes II in Department 16. The jury found Day negligent and determined her negligence was a substantial factor in causing harm to both Rafael Leon and Maricarmen Leon.
For Rafael Leon's damages, the jury awarded $100,000 for the loss of Maricarmen Leon's love, companionship, comfort, care, assistance, protection, affection, society, and moral support from July 30, 2022, to the present day. The jury awarded $250,000 for those same losses going forward into the future. The jury also awarded $32,403 for Maricarmen Leon's funeral and burial expenses.
For the Estate of Maricarmen Leon's damages, the jury awarded zero dollars for disfigurement.
On the question of whether Day engaged in conduct with malice, the jury answered no. This finding meant the Plaintiffs did not receive punitive damages.
The total verdict for the Plaintiffs amounted to $382,403. The presiding juror signed and dated the verdict form on December 3, 2024. The case proceeded under unlimited civil jurisdiction, indicating the amount in controversy exceeded $25,000.
Court Documents