Judy J. Hollingsworth v. Kathleen M. Kilburg
Published: Apr. 5, 1997 | Result Date: Mar. 14, 1997 | Filing Date: Jan. 1, 1900 |Case number: 976578 – $130,220
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Michael B. Bassi
(Michael B. Bassi ALC)
Defendant
Robert C. Hubbs
(Hubbs Disability Law)
Experts
Plaintiff
Bryan M. Barber
(medical)
Defendant
John Kao
(medical)
Facts
On July 14, 1995, plaintiff Judy J. Hollingsworth, a 38-year-old medical historian, was walking southbound on the eastern sidewalk on the 400 block of Laguna Honda Blvd. in San Francisco. She was approaching the driveway of Laguna Honda Hospital and intended to cross the driveway using the crosswalk and continue walking in a southerly direction. As she approached the curb at Laguna Honda Hospital's entrance/exit, the plaintiff looked to her left and right. The plaintiff saw no traffic approaching the crosswalk from the east or west and began to walk across the driveway within the crosswalk. The defendant was exiting the Laguna Honda Hospital. She was driving her vehicle along the exit roadway in a westerly direction. The defendant drove her vehicle two-thirds of the way across the crosswalk before her vehicle made contact with the plaintiff. The plaintiff was approximately 10 to 15 feet into the driveway and was still within the crosswalk when she was struck. The plaintiff was knocked up into the air, rolled over the hood of the defendant's car, and came down on the ground. The plaintiff brought this action against the defendant based on negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $70,000, raised to $100,000 at the mediation. The defendant made a C.C.P. º998 offer of compromise for $35,001, raised to $50,000 after the jury was sworn.
Specials in Evidence
$16,000 $20,000 $120,000
Damages
The plaintiff asked the jury for an award of $162,000 to $163,000 for economic damages and $100,000 to $300,000 for non-economic damages.
Injuries
The plaintiff alleged she suffered right knee pain and abrasions to her right knee, left shoulder, left hand, thumb and index finger which resolved over time. The plaintiff also alleged she suffered persistent pain spasms in her left shoulder, causing her left shoulder to be held higher level than her right shoulder and giving her the appearance of a hunchback. The plaintiff claimed an MRI revealed that she had sustained a partial rotator cuff tear in the subacromial side of her left shoulder. The plaintiff underwent arthroscopic surgery on her left shoulder approximately 10 months after the accident, but the plaintiff claimed that the surgery did not relieve. The plaintiff also claimed that Cortisone shots have not relieved her pain spasms; and that Dr. Barber diagnosed her as having a "snapping scapular syndrome," a condition defined as clicking/clunking of the left scapula on shoulder shrug.
Other Information
The verdict was reached approximately one year after the case was filed. A mediation was held on Sept. 18, 1996 before Maja Ramsey of The American Arbitration Association. It did not resolve the matter. The plaintiff will seek the costs of her expert witnesses under C.C.P. º998.
Deliberation
1+ days
Poll
12-0 (negligence and damages as to Kaiser); 9-3 (damages); 11-1 (comparative negligence); 10-2 (percent of negligence)
Length
7 days
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