On February 4, 2016, in Madero v. Broughton, a San Bernadino jury delivered a unanimous jury verdict of $3.55 million to a mother who suffered personal injury and the loss of her 16-year-old daughter resulting from a head-on collision.
The crash occurred on July 6, 2011, when the defendant driver crossed over the centerline into Eloisa Madero’s lane and collided with her head on. The defendant and her insurance carrier argued it was the gravel that caused the car to swerve over the centerline, and attempted a “sudden emergency” defense. The defendant also tried to argue comparative negligence on part of the plaintiff and her daughter, however, the jury returned in favor of the plaintiff.
The $3.55 million verdict included damages for the daughter's wrongful death as well as for the mother's physical injuries, pain and suffering, and emotional distress.