Facts

On June 18, 2009, Michael Kane, a New York-based plastic surgeon, claimed that while a passenger in a taxi in San Francisco, defendant Daniel Green hit him in an intersection. Green was driving a truck owned by Shimmick Construction Co Inc.

Kane sued Shimmick and Green.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendants' 33,000-pound construction truck was traveling at 62.5 mph when he ran a red light and hit Kane's taxi, destroying the front end of the taxi. As a result, plaintiff contended he suffered a neck injury that prevents him from performing plastic surgery.

Plaintiff asserted that numerous witnesses gave statements to the San Francisco Police Dept. that Green had run a red light, causing the accident. Kane asserted causes of action for negligence and negligence per se.

DEFENDANTS' CONTENTIONS:
Defendants claimed that plaintiff's neck condition (C4-5 herniation, and C-6, C-7 disc degeneration) was pre-existing, although previously asymptomatic was not "lit up" by the accident.

Settlement Discussions

Plaintiff served a CCP 998 Offer to Compromise in the amount of $7.5 million. Defendant served a CCP 998 Offer to Compromise in the amount of $400,000. Two mediation sessions were conducted at JAMS in San Francisco by mediator John Bates.

Damages

Plaintiff claimed economic loss of $1,000,000 per year for 20 years ($20,000,000). Defendants claimed that none of plaintiff's claimed future economic loss was caused by the accident. Defendant argued that plaintiff should be awarded $4,331.88 for the cost of the ambulance and SF General Hospital on the date of the accident, and about two times that for pain and suffering.

Result

A jury awarded Kane $12,332.

Deliberation

2.5 hours

Poll

10-2

Length

eight days