Robert W. Johnson & Associates was retained to present testimony that would assist the jury in quantifying (a) the loss of enjoyment of life suffered by the 13 year old plaintiff; and (b) the economic impact of this trauma on the young female's earning capacity. In addition, Robert W. Johnson & Associates was asked to prepare a LIFE ACTIVITY CALENDAR, based on lay trial testimony, that would graphically illustrate how the injury has changed her life.
Location: Los Angeles, California
Case: Diaz, et al., v. City of Los Angeles.
Court: Los Angeles County, California Superior Court, No. C750680.
Plaintiff’s Attorneys: Attorneys Cochran and Ferrer, Law Offices of Johnnie L. Cochran, Jr., Los Angeles, California.
Judge: William Drake
Case Synopsis: Ms. Patricia Diaz, a 13-year-old, was sexually molested by a Los Angeles City policeman in January, 1989. The policeman was arrested and convicted shortly thereafter. As a result of her trauma, Ms. Diaz suffered severe psychological deterioration which included Post Traumatic Stress Syndrome. In addition, she attempted suicide on three occasions. Her psychologist (assuming maximum recovery), rated her permanent loss of enjoyment of life, using the Global Assessment Functioning Scale (GAF), in the range of 33% to 44%.
Expert Testimony: Robert W. Johnson testified that, (a) combining Ms. Diaz's medical loss of enjoyment of life rating of 33% to 44%, coupled with the federal government studies and accepted economic analysis (that the dollar value of the 100% loss of enjoyment of life ranges between $1.6 and $8.5 million), the range for Ms. Diaz's loss of enjoyment of life was $530,000 to $3,7000,000; and (b) assuming that Ms. Diaz's earnings capacity was reduced by a percentage identical to her GAF deficit of 33% to 44%, her earnings capacity was reduced by $509,000 (if a high school graduate) and $919,000 (if a college graduate).
For closing argument, a color-coded LIFE ACTIVITY CALENDAR, illustrating the before and after effects of her injury, was prepared based on the actual testimony of Ms. Diaz and her parents.