Varela

Varela v. Birdi CA4/1

Good Law
Court of Appeal of CaliforniaFebruary 27, 2015D064315California7,218 words

Opinion

Opinion

INTRODUCTION

Moninder Birdi and Birdi & Associates appeal a judgment after a jury verdict in

favor of Gabriel and Bernice Varela for damages sustained when Birdi drove his vehicle

into the path of Varela's oncoming bicycle at an intersection in the Point Loma area of

San Diego. Birdi contends (1) the court failed to properly instruct the jury regarding the

speed limit for the street on which Varela was traveling and (2) the court erred in

allowing evidence of future medical expenses without consideration of what Varela's

insurer may pay for such future expenses. We disagree with both contentions and affirm

the judgment. We conclude, under the circumstances of this case, the court properly

instructed the jury regarding the basic speed law and negligence. We further conclude

the trial court properly applied the collateral source rule to exclude evidence of the

amounts Varela's insurer may pay for future medical expenses. Given our conclusion, we

also affirm the order awarding the Varelas their costs and expert witness fees.

FACTUAL AND PROCEDURAL BACKGROUND

A

Varela, who had just been selected to serve as the Commander of a Navy missile

destroyer ship…

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