Facts

Plaintiff Jonathan Minisman, a 29-year-old art school director, was riding his motorcycle in San Francisco. As he proceeded on a green light through an intersection, he was hit on the right side by car being driven by defendant Zhijian Li.

The plaintiff sued defendant for negligence, claiming defendant ran a red light.

The defendant did not dispute liability.

Settlement Discussions

The plaintiff made a demand of $550,000; defendant's offer was $250,000.

Injuries

The plaintiff suffered an open-grade fracture of the lower third of his right tibia and fibula. He required surgery the day of the accident wherein intermodullary nail and interlocking screws were inserted. The plaintiff was discharged from the hospital two days later but had active physical therapy for one year. He had a second surgery to remove the screws. Four days before trial, plaintiff had a third surgery for removal of exostosis at the site of the fracture. He appeared in court on crutches. Plaintiff claimed $63,500 in medical specials, $25,000 for future medical care and lost wages of $13,000. The plaintiff also sought pain and suffering damages. He claimed that before the accident, he was an active person and avid runner, but that because of residual pain and loss of leg strength, he has been forced to adopt a more sedentary lifestyle. However, the defense argued that plaintiff's condition would improve and that he will be able to resume his active lifestyle one day. The parties disputed the amount of pain and suffering damages sought. But defendant argued that plaintiff only deserved $100,000.

Result

The jury awarded plaintiff $301,500, which included $200,000 in pain and suffering damages.

Deliberation

one hour

Poll

11-1 (pain and suffering), 12-0 (economic damages)

Length

three days