Facts

Stephen Nicholson sued Zea Borok in connection with a motor vehicle collision that allegedly occurred on April 29, 2014 at around 6 p.m.

PLAINTIFF'S CONTENTIONS:
Plaintiff was riding his motorcycle on the number one lane of the I-5 in Los Angeles, when defendant suddenly changed onto his lane. Plaintiff swerved and hit the brakes, causing him to be thrown off his motorcycle. His motorcycle flipped and landed atop him. Plaintiff sued defendant alleging negligence. Defendant allegedly failed to pay proper attention before changing lanes. Defendant also allegedly did not use her signal lights.

DEFENDANT'S CONTENTIONS:
Defendant blamed the collision on plaintiff for lane splitting at high speed and for being inattentive. Defendant also disputed the extent of plaintiff's injuries and treatment.

Settlement Discussions

Nicholson made a CCP 998 demand of $1.5 million, and reduced it to $1.2 million just prior to trial. Borok made a CCP 998 offer of half a million and upped it to $941,000 prior to trial.

Damages

Nicholson sought $1.9 million in damages, including nearly $400,000 in past medical expenses; $269,000 in future medical expenses; $99,386 in past lost earnings; and $1.18 million in future lost earnings. Nicholson also sought past and future pain and suffering damages.

Injuries

Nicholson suffered from torn ligaments as well as knee, shoulder, elbow and wrist injuries. He also suffered from nerve impingement. He later underwent surgeries on his knees and shoulders, followed by months of physical therapy. Nicholson claimed he would need future surgery on his knee.

Result

The jury found both parties negligent. It attributed 17 percent of fault to Nicholson and 83 percent fault to Borok. The jury determined Nicholson's damages totaled $3.78 million, which amounted to $3.135 million after the offset. The total damages included $396,244 in past medical expenses, $269,000 in future medical expenses, $99,386 in past lost earnings, $1.1 million in future lost earnings, $6,192 in property damage, $400,000 in past noneconomic damages, and $1.5 million in future noneconomic damages.

Other Information

FILING DATE: Aug. 11, 2014.