Lozoya v. Sanchez

66 P.3d 948 (2003)

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Nature of the Case

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Facts

Two automobile collisions occurred in which Ubaldo and Osbaldo Lozoya (Ps), father and son, were traveling together. The first occurred on June 21, 1999. Ps were stopped at a red light when another vehicle collided with them from behind. The other vehicle was driven by Sanchez (D), an employee of Defendant Statkus Engines, LLC. The police officer who investigated the accident testified that Ps' vehicle received moderate damage, while the Statkus vehicle was more severely damaged. Ps had not complained of any injuries at the scene. Ubaldo began to experience pain shortly thereafter, however, in one of his arms, head, and legs. Osbaldo reported experiencing lower back pain. Ubaldo continued to experience pain. The doctor believed that Ubaldo would not be able to return to his former occupation because of the back problems he was experiencing. Ubaldo decided that he did not want the injections or surgery. On April 18, 2000, Ps were involved in another collision as they were driving toward a job site. They were again rear-ended by another vehicle. A dump truck operated by Philip McWaters (D) pushed Ps' vehicle into the vehicle in front of it, driven by Christine Sotelo, who testified at trial. Osbaldo did not seek medical care as a result of this accident. Although Ubaldo testified that he was already 100 percent disabled prior to this collision, his doctor testified that his present condition is 10 to 15 percent attributable to this accident. Ubaldo had a compression fracture in his back, which one doctor testified 'probably pre-dated the first accident.' At the time of the first accident, Ubaldo (P) lived in a domestic partnership with Sara Lozoya, although they were not married. They had 'been together' for over 30 years. They had three children. They carried the same last name and had filed joint tax returns since at least 1997. They were formally married after the first accident, but before the second one, in November 1999. Sara (P) testified that they had an intimate relationship and that they made decisions together. After the first accident, the relationship changed because Ubaldo became depressed. They could not socialize nearly as much because of the pain that Ubaldo experienced. Ubaldo would stay in bed quite a bit. Their sexual relationship also diminished. After the second accident, the relationship worsened further. Sara (P) sued for loss-of-consortium for both accidents. , Diego Sanchez and Philip McWaters, and their employers (defendants). The trial court refused to allow her claim against Sanchez (D) because the couple were not married at the time of that accident. The jury found McWaters not negligent. Sara (P) recovered nothing. Sara (P) appealed.