Eric Freedman v. Belinda Planas
Published: Jul. 2, 2011 | Result Date: Apr. 27, 2011 | Filing Date: Jan. 1, 1900 |Case number: CGC-10-497469 Verdict – $131,542
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
William L. Green
(medical)
Toby Gloekler
(technical)
Defendant
Gary M. Hesler
(technical)
Facts
Eric Freedman was riding his bicycle west on Camp Street in San Francisco on April 18, 2008, and collided with a vehicle operated by Belinda Planas after turning right onto northbound Albion Street.
Contentions
PLAINTIFF'S CONTENTIONS:
Freedman filed suit against Planas, alleging motor vehicle negligence. He contended that Planas made an illegal maneuver on Albion, driving in the middle of a two-way street, and partially blocking traffic in the right lane.
DEFENDANT'S CONTENTIONS:
Planas denied acting negligently, contending Freedman was the sole proximate cause of the accident by riding his bike recklessly and turning right into her vehicle. She alleged that she did not make an illegal maneuver and it was common for cars to cross the center line on such a narrow street.
Damages
Freedman sought $51,767 in damages for past medical expenses, $1,900 in past lost earnings, and $1,000 in property damages, as well as $175,000 for pain and suffering.
Injuries
Freedman sustained a dislocated shoulder, undergoing arthroscopic surgery and physical therapy.
Result
The jury found Planas 70 percent liable, and awarded Freedman $131,541.79 in total damages, reduced by 30 percent due to his fault.
Deliberation
seven hours
Length
five days
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