Artemio Saucedo v. Robert Wayne Maples, City of Hawthorne
Published: Jan. 18, 2014 | Result Date: Oct. 29, 2013 | Filing Date: Jan. 1, 1900 |Case number: YC065863 Verdict – $274,150
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Seema J. Bhatt
(Minami Tamaki LLP)
John A. Nojima
(Lederer & Nojima LLP)
Defendant
Experts
Plaintiff
Kenneth A. Solomon
(technical)
Keith S. Feder M.D.
(medical)
Defendant
Nicholas J. Carpenter Ph.D.
(technical)
Dominick J. Sisto
(medical)
Facts
On Aug. 9, 2011, Robert Maples was turning right onto Aviation Blvd. from West 135th Street in the City of Hawthorne, when he hit Artemio Saucedo, who was riding a bicycle. Saucedo filed a lawsuit against Maples and the City of Hawthorne. Saucedo and the city reached a settlement. The case then continued against Maples.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that Maples drove his car negligently and the city negligently built a traffic control box that obstructed drivers' and pedestrians' views. He argued that Maples should have looked to his right when he tried to make the right turn and should have edged up to see around a traffic control box and a light pole.
DEFENDANT'S CONTENTIONS:
Maples argued that plaintiff rode his bicycle on the sidewalk in the opposite way of traffic, in violation of the law. Defendant argued that he was not responsible for the accident because it could not be anticipated that a bicycle would be coming in the opposite direction than traffic.
Settlement Discussions
Plaintiff demanded $39,999 and the defendant offered $6,500.
Damages
Saucedo sought $93,000 in past medical costs, which consisted of expenses paid for a surgery, physical therapy and an MRI, as well as pain and suffering damages.
Injuries
Plaintiff fractured his leg and tibia, and underwent physical therapy.
Result
The jury's award included $274,150 to Saucedo, but because he was 25 percent responsible, the amount was reduced to $205,613.
Deliberation
four hours
Length
five days
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