What the Jury Will Decide

• Schwarzenegger has conceded negligence in the 2022 crash, sharply narrowing what remains for the jury to decide.
• Cheryl Augustine claims the collision caused permanent brain damage, lost earning capacity and continuing medical problems.
• A separate courtroom fight has erupted over heightened security and whether Augustine should be forced to pay for some of it.

By Samuel López | USA Herald

CALIFORNIA - Arnold Schwarzenegger is headed before a Los Angeles jury in a case where the biggest question may no longer be whether he caused the crash, but how much damage the crash actually caused.

The civil trial involving plaintiff Cheryl Augustine is scheduled to begin Oct. 12 at the Beverly Hills Courthouse before Judge Edward B. Moreton Jr. Schwarzenegger is expected to testify following jury selection and opening statements.

The case stems from a Jan. 21, 2022 collision at Sunset Boulevard and Allenford Avenue in Los Angeles. Augustine alleges Schwarzenegger, driving a GMC Yukon, made a left turn against a red signal and struck her Toyota Prius. Court papers cited in recent reporting state Schwarzenegger has conceded negligence, while his attorneys continue to dispute the amount of damages Augustine claims.

In an ordinary negligence trial, jurors may have to work through several questions; Did the defendant act carelessly? Did that conduct cause the accident? Did the accident cause the plaintiff's injuries? And what compensation, if any, should follow?

Here, the first part of that equation has largely fallen away.

The battle now moves toward medical causation and damages — potentially the most expensive part of a serious personal-injury case.

Augustine maintains she lost consciousness and suffered permanent brain damage, along with injuries affecting her body and nervous system. She alleges continuing physical and emotional suffering, medical expenses, lost income and potential future limitations on her ability to work.

Schwarzenegger's concession of negligence does not automatically establish the extent of those injuries or their monetary value. Augustine still has to connect the claimed losses to the collision through admissible evidence. Medical records, physicians, neurological experts, employment evidence and competing expert testimony could therefore become far more important than reconstruction of the crash itself.

California courts recognize damages in personal-injury cases for categories including medical bills, lost wages, ongoing treatment, emotional harm and future problems caused by an injury.

Think of it this way, admitting that you broke someone's window answers who is responsible for the broken glass. It does not automatically establish the value of everything the other person says was damaged inside the house.

That is essentially where this case now stands.

There is also an unusual fight developing outside the central damages dispute.

Schwarzenegger and Oak Productions Inc. have asked the court for enhanced security measures surrounding the trial, including coordination with the Los Angeles County Sheriff's Department and restrictions on photography, video and audio recording around courtroom areas.

The request came after publicity surrounding the proceeding, including a Terminator-themed social-media post by Augustine attorney Gary Dordick's firm that disclosed information about the upcoming court appearance. Schwarzenegger's lawyers have argued Augustine should bear additional security expenses caused by that publicity.

Augustine opposes shifting those costs to her, reportedly characterizing such a requirement as an unconstitutional "trial tax" and arguing there is no clear statutory or precedential authority allowing a litigant to be charged for courthouse security under these circumstances.

Whatever happens with that side dispute, the jury's central task is much more concrete: separate injuries proven to have resulted from the crash from those that are disputed, then put a dollar figure on the compensable losses.

Schwarzenegger, 79, served as California's Republican governor from 2003 through 2011 after a career that made him one of Hollywood's most recognizable action stars.

About the Author

Samuel López is a reporter and news correspondent for USA Herald and a seasoned legal professional with more than two decades of experience analyzing state and federal litigation and working on complex civil matters. His legal background includes personal-injury litigation, evidentiary analysis, motion practice and evaluation of damages claims — experience directly relevant to examining how liability, medical causation and damages are separated and litigated before a civil jury.

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