Facts

On Nov. 21, 2005, plaintiff Joseph Zurawka was crossing the street at an unmarked crosswalk, in Sacramento, when a vehicle driven by defendant Dawn Silva collided with him.

Zurawka filed suit against Silva and her company, Silva Sound Productions, alleging motor vehicle negligence and general negligence.

PLAINTIFF'S CONTENTIONS:
Plaintiff argued that defendant's car hit him while moving at 30 mph.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff smacked the side of her car to get her attention as she began to spin forward. Defendant argued that plaintiff never fell after the collision occurred and that the action was fraudulent.

Settlement Discussions

Plaintiff demanded $100,000 (policy limits); the defense offered $25,000.

Damages

Plaintiff sought $12,000 in medical costs.

Injuries

Plaintiffs claimed injuries included arthroscopy, carpal tunnel syndrome, decompression surgery, exacerbation of degenerative disc condition, elbow injury, epidural injections, finger injury, hand injury, shoulder injury, shoulder impingement, wrist injury, soft-tissue injuries, and steroid injections. The plaintiff required physical therapy.

Result

The jury found in favor of the defense.

Other Information

California State Automobile Association was an insurer.

Deliberation

two hours

Poll

11-1

Length

four days