Judge William A. Crowfoot, Case Number: 23AHCV00573, Date: 2024-01-03 Tentative Ruling

Judge: William A. Crowfoot, Case: 23AHCV00573, Date: 2024-01-03 Tentative Ruling

Plaintiff William Freeland (“Plaintiff”) seeks a default judgment against defendant Susan Gloria Vigil in the amount of $4,015.106.11, consisting of $13,790.86 in special damages, $4,000,000 in general damages, and $1,315.25 in costs.

Plaintiff sustained a distal left clavicle fracture and multiple fractures to five of his left ribs and was required to be hospitalized for six days. (Amended Freeland Decl., ¶¶ 4-5.) During his stay, he had seizures which he had never experienced before. (Id., ¶ 5.) After discharge, he was required to use a cane for ambulation, a shower bar for stability in the shower, a shower chair for bathing, a reaching tool, and a toilet riser. (Id., ¶ 6.) He also had a healthcare worker assist him with his bathing needs for 5 to 6 weeks and was required to sleep in a recliner for 2 to 3 months because the pain prevented him from lying down. (Ibid.)

Plaintiff has undergone occupational therapy and physical therapy since the accident but still does not have full range of motion in his shoulder. (Id., ¶ 7.) It has been 1 ½ years since the incident and Plaintiff still has daily soreness and varying degrees of pain and range of motion issues in his left shoulder depending on the weather and activities, which he did not have before the collision. ((Id., ¶ 7.) He also experiences daily soreness and periodic pain in his left chest and ribs. (Id., ¶8.) The pain and soreness are daily reminders of the incident and affect his activities of daily living, especially those involving lifting, reaching, and stretching. (Id., ¶ 9.) Plaintiff also states that he now suffers general fear and apprehension while walking outside, crossing streets, and when vehicles drive close to him. (Id., ¶ 10.) As a result, he no longer takes as many walks, which he previously enjoyed doing. (Ibid.) Although he has not received an official psychological diagnosis, he believes that he has been experiencing panic attacks. (Ibid.)

Based on Plaintiff’s declaration, the Court awards a default judgment in the amount of $765,106.11 consisting of $13,790.86 in special damages, $750,000 in general damages, and $1,315.25 for costs. If Plaintiff accepts this reduced amount for his general damages, Plaintiff is ordered to submit a revised proposed judgment on Form JUD-100 at least 10 court days before the next hearing date. If Plaintiff believes that a greater amount is warranted, Plaintiff shall file additional evidence supporting his assertion at least 10 court days before the hearing.

The hearing is continued to ________ at 8:30 a.m. in Department 3 of the Alhambra Courthouse.

William A. Crowfoot

Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter. Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.