Facts

Nicholas Paustian was driving southbound on Beach Street in Torrance. Paustian, 26, was in a center turn lane attempting to make a left turn when his truck struck a vehicle driven by Charles Marshall. Marshall was traveling northbound in the same lane when the accident occurred. Paustian filed a complaint against Marshall, alleging negligent operation of a motor vehicle. The first trial, by the law office of Silva, Claysen & Raffalow, resulted in a verdict in favor of Paustian. Marshall filed for and was granted a motion for a new trial because a plaintiff's witness improperly mentioned liability insurance.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that the defendant violated the California Vehicle Code by driving in the center lane beyond the permissible 200 feet.

DEFENDANT'S CONTENTIONS:
The defendant claimed that plaintiff failed to yield prior to making his left-hand turn and impacted defendant in this 2-way left-turn lane. As a result, the defendant denied liability. The defense also challenged the length of chiropractic treatment the plaintiff underwent as excessive.

Specials in Evidence

$9,500. $2,000.

Damages

The plaintiff sought damages for pain and suffering, as well as medical expenses.

Injuries

The plaintiff claimed he suffered soft tissue injuries to his back, a pinched nerve in his neck and a shoulder separation. He has had three and a half years of chiropractic therapy to repair his shoulder.

Result

Defense verdict.

Deliberation

two hours

Poll

11-1

Length

three days