Trial Magazine

David Stewart was driving his SUV with his wife, Leah, and their 10-year-old son as passengers. He entered an intersection on a green light, planning to turn left, and then stopped to wait for oncoming traffic to pass. As the SUV was sitting in the intersection, Orange County Sheriff Jeremy Buffong ran a red light and struck the SUV on the driver’s side.

David, 44, aggravated a prior lumbar fracture and suffered a bulging disk at L5-S1. When two sets of epidural injections failed to alleviate his pain, he underwent disk replacement surgery. His medical expenses totaled ­approximately $170,000.

Leah, 36, suffered a concussion and soft-tissue injuries. Despite physical therapy, she continues to suffer pain in her mid and lower back, and she will require facet nerve block injections. As a result of the concussion, she has difficulty concentrating, and she experiences headaches more frequently. Her past medical expenses totaled approximately $10,000. An insurance agent at the time of the collision, she missed time for treatment and had difficulty concentrating at work. She quit in anticipation of being fired.

The Stewarts’ son suffered a sprained ankle. He also suffered anxiety disorder, resulting in nightmares and a fear of police officers.

David, individually, and Leah, individually and on their son’s behalf, sued Buffong, the sheriff’s department, and the county. The plaintiffs alleged that Buffong was negligent for running a red light. The plaintiffs contended that Buffong, who was on duty but not responding to an emergency, was looking down at his computer and not paying attention at the time of the crash.

The defendants admitted liability on the eve of trial, and trial proceeded on causation and damages.

The jury found that Buffong’s negligence caused the plaintiffs’ injuries, and it awarded approximately $2.52 million, including approximately $1.47 million to Leah, approximately $1.04 million to David, and $12,000 to the couple’s son. The judgment has been satisfied.

Citation: Stewart v. Orange Cnty., No. 30-2015-00790779-CU-PA-CJC (Cal. Super. Ct. Orange Cnty. Mar. 24, 2017).

Plaintiff counsel: AAJ members Brad M. Simon, Thomas S. Feher, and Sevy W. Fisher, all of Hermosa Beach, Calif.