Verdict in Williams vs Big Dog Taxi

On March 11, 2016, 52-year-old Cheryl Williams was on her way to work in downtown San Francisco. She was walking in a crosswalk at the intersection of Market and 4^th Streets when she was struck by a taxicab. The taxi driver, 75-year-old David Kreutner apparently ran a red light when he hit Williams. Kreutner was operating a taxi owned by Big Dog City Corporation.

Williams suffered a fractured left ankle as a result of the accident. The injury led to post-traumatic arthritis in the back of her ankle.  She was on crutches for three months. Even after getting off crutches and being able to walk on her own, she continued to experience intermittent pain and swelling from her injuries.

Before the accident, Williams worked as a sales associate for Christian Dior, a high-end designer fashion store. The job demanded hours of standing. After recovering from the accident, Williams returned to work. However, after trying to perform her job duty unsuccessfully, she was forced to leave within eight months. With no job and no money to pay her bills, she moved back in with her parents in Tennessee.

Williams filed a personal injury claim and hired a San Francisco personal injury lawyer to help her with the case. The trial was held in Superior Court in San Francisco County with Judge Charlene Padovani Kiesselbach presiding.

During the trial, the defendants, David Kreutner and taxi company, Big Dog City Corporation acknowledged negligence but contested causation, damages and vicarious liability as to the taxi company.

Big Dog City claimed that it had entered into a lease agreement with its drivers, allowing them to use the taxi for any purpose they choose such as delivering food and moving furniture and forces no requirements on the drivers to pick up calls.

Big Dog City also contended Williams’ claim that she lost earnings from her job. Defendants provided evidence that Williams had a past career as an accountant, which not only offered a higher earning than her sales job but was also a job that she could perform physically after her injury.

The issue went to the jury with California Civil Jury Instructions (CACI) on vicarious liability for an employer-employee or principal-agent relationship. In an 11-1 decision, the jury found that Big Dog City was indeed Kreutner’s employer or principal.

In October 2017, Plaintiff made a 998 offer of $470,000. By March 2018, the offer was reduced to $450,000. Defendant made a 998 offer of $150,000 in February 2018 and later decreased it to $125,000 in April 2018. Defendant increased the offer to $650,000 during deliberations, but Plaintiff rejected the offer.

Williams and her attorneys won a verdict totaling $1,087,017.21. In the breakdown, she received $487,017 in economic damages, which consists of:

• $43,226.21 in past medical bills
• $118,043 in past lost earnings
• $3,198 in past loss of household services
• $100,000 in future medical expenses
• $222,550 in future loss of earnings

And $600,000 in non-economic damages:

• $350,000 past
• $250,000 future

As of September 2018, prevailing party costs and California Code of Civil Procedure (CCP) section 998 prejudgment interest and expert fees totaled about $223,000.

One of the top reasons why pedestrians are at such a high risk for injuries and deaths is due to the lack of protection that they have in a vehicle-pedestrian accident. A pedestrian has no chance when it comes face to face with a vehicle that weighs 3000 pounds.

Another factor has to do with many drivers failing to watch for pedestrians, especially outside of the crosswalk.

Speed is also a reason why pedestrian accidents frequently occur. When a driver’s speed increases, the risk of a serious pedestrian injury increases as well. A recent study showed that when a car is traveling at 20 mph and hits a pedestrian, there’s a 5 percent chance that the pedestrian will suffer fatal injuries. However, if the car is traveling at 40 mph, the risk of a pedestrian getting killed increased to 85 percent.

Drivers must keep a high degree of awareness for pedestrians. Most pedestrian accidents happen outside of crosswalks and at night. Below are some tips for motorists:

• Obey the speed limit and don’t speed.
• Be on the lookout for pedestrians.
• Yield to walkers in crosswalks.
• Don’t drive drunk.
• Don’t drive distracted.

Pedestrians also have a responsibility to stay safe while walking. The following tips are for pedestrians:

• Wear bright color clothing, especially at night.
• Don’t be distracted by your cell phone.
• Don’t wear headphones.
• Don’t assume that motorists see you.
• Use crosswalks.
• Use sidewalks whenever possible.
• Hold children's hands.
• Don’t drink before you head out.