Varela
Varela v. Birdi CA4/1
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…