Dadayan v. Kim
Published: May 20, 2000 | Result Date: May 5, 2000 | Filing Date: Jan. 1, 1900 |Case number: BC210042 Verdict – $0
Judge
Court
L.A. Superior Central West
Attorneys
Plaintiff
Joseph M. Barrett
(The Barrett Lawyers, APC)
Defendant
Experts
Plaintiff
Phillip J. Kanter
(medical)
Defendant
Thomas F. Fugger Jr., P.E.
(technical)
Facts
On May 13, 1998, plaintiff, a 23-year-old grocery clerk, was crossing Franklin Street when she was struck by
defendant, who was driving a 1986 Nissan Maxima. The police report identified two witnesses to the accident.
One of the witnesses claimed to have seen the entire accident, and stated that plaintiff, whom he identified in
court as the pedestrian, walked right in front of a moving car. He identified the victim as a teenager.
The other witness, who did not testify at trial, stated that plaintiff walked in front of the car. That witness
allegedly pointed to the spot in the road where the impact occurred, 13 feet from the curb, for the police officer.
The LAPD officer, unavailable for trial, testified through videotaped deposition.
Specials in Evidence
$71,000 $30,000
Injuries
Fracture and dislocation of right ankle.
Other Information
<E>Defendant's biomechanical expert, Thomas Fugger, testified that the injuries could be consistent with the "dart-out theory," because she would rotate upon impact at 5 mph internally, put her hands on the hood, and the lower right leg would absorb the impact. Fugger also stated that plaintiff's momentum from running or jogging in front of the car could carry her to the north side of the street after impact, in the area she was found.</E>
Deliberation
two days
Poll
10-2 (no negligence)
Length
four days
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