Mary Alexander Honored with a 'Top Verdict of 2009' by S.F. and L.A. Daily Journal for $45 Million Judgment in Quadriplegic Case
SAN FRANCISCO, Jan. 28 /PRNewswire-USNewswire/ -- San Francisco victims' rights attorney Mary Alexander has been honored with a Top Ten Plaintiffs Verdicts of 2009 by the San Francisco and Los Angeles Daily Journal.
A San Mateo victim, 41, who had her neck broken, was paralyzed for life, and became a quadriplegic when her car was struck by a driver speeding through a red light was awarded $45 million in medical payments, wage loss, and pain and suffering. Mary Alexander represented the woman and her husband, now her caregiver.
The order was filed following the signed judgment in San Mateo County Superior Court of California. The case is Tricia Roth vs. Division 1 All Service, Inc.
On September 11, 2006, the driver, Roman Pantoja, 72, an employee of Division 1, drove a Chevy truck through the red light at the intersection of E. Hillsdale Boulevard and Franklin Parkway in San Mateo. Even though cars were stopped in both directions, he crashed into Tricia Roth. As Alexander told the Court, "There was no contributory negligence on the part of my client, Tricia Roth."
The Court found that driver Pantoja was working in the course and scope of his employment with Division 1 at the time of the accident. Pantoja was likely using the truck to pick up company supplies.
Court documents state that "when the cars came to rest, Tricia Roth could not move her legs... could not move her arms, she was rendered a quadriplegic. Her neck was broken."
"She will never be able to return to work" and "her life expectancy is reduced," Alexander said in the court brief. Alexander proved that Roth was going to lose annual income of $290,790 with benefits as a software consultant, totaling $7,038,991 over the rest of her work-life. Past medical bills totaled $1,557,131, and future medical care totals $10,758,944 in today's dollars.
Alexander explained that Roth "had been very active, swimming, horseback riding. A particular interest that she and her husband, Kay Huh, had was ballroom dancing. They were very good at it... it was very important to them, one of their activities that they enjoyed together." At the time of the accident, they had been married six years -- a young couple.
Huh now has become a near full-time caregiver, all the while trying to maintain his career in biotechnology. He was awarded $5,000,000 for loss of consortium (companionship) and $30,000 in past lost earnings.
With $15 million for pain and suffering for Roth, plus her medical and wage damages, the total damages to be paid are $45 million.
The presiding judge was the Honorable Beth Labson Freeman.
Alexander stated, "This is a tragic life-altering case. The award is a proper victory for the victims' rights."
Alexander is a past President of the Association of Trial Lawyers of America, (now the American Association for Justice) and past President of the Consumer Attorneys of California. She has spent over 25 years representing tort victims and their families. Her office is in San Francisco: http://www.maryalexanderlaw.com
The order granting plaintiff's motion is: http://openaccess1.sanmateocourt.org/openaccess/CIVIL/civildetails.asp?casenumber=468850&courtcode=A&casetype=CIV&dsn
The Mary Alexander trial brief on the case may be found at:
www.weinerpublic.com/Roth_v._Division_1_Trial_Brief.pdf
The trial transcript is:
www.weinerpublic.com/Alexander_Roth_Trial_Transcript_pdf
SOURCE Robert Weiner Associates and Mary Alexander and Associates
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