Facts

On Aug. 8, 2009, at 5:50 a.m., defendant Delton Lewis King, 85, was operating a 2005 white Dodge Neon. He turned left from northbound Inglewood Boulevard onto westbound Venice Boulevard in accordance with a circular green light. At this time, plaintiff Francisco Jimenez, 47, moved south from the northwest corner of the intersection toward the southwest corner in accordance with a "Walk" signal. The collision occurred in the crosswalk at the number 2 lane of westbound Venice.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that he entered the crosswalk in an orderly manner only after waiting at the corner for a "Walk" signal. Plaintiff testified in trial that he was knocked to the ground.

DEFENDANT'S CONTENTIONS:
Defendant claimed that when he arrived at the intersection, he saw Plaintiff at the northwest corner with his back turned to the street. As he made his turn, Plaintiff suddenly and unexpectedly darted in front of his vehicle. He also testified that Plaintiff was not knocked to the ground.

Settlement Discussions

The defendant's insurance carrier, the Auto Club of Southern California, offered $10,001 before trial.

Specials in Evidence

$26,800 $200,000

Damages

Plaintiff also alleged that his injuries in the accident caused him to miss four weeks of work, although he did not introduce evidence of lost earnings.

Injuries

The plaintiff alleged a meniscal tear and severe back pain. He received emergency treatment at Marina Del Rey Hospital, then therapy at Ocean View Specialists and epidural steroid injections by Arthur Kreitenberg. According to Kreitenberg, Plaintiff would require continuing care for his accident-related injuries for the rest of his life. Defendant contended that as a result of the liability scenario, he was not responsible for any of the Plaintiff's damages, and that the treatment by Ocean View and Kreitenberg was neither reasonable nor necessary.

Result

Plaintiff asked the jury for $280,000. The defense argued for a defense verdict on a liability basis. After one hour of deliberation, the jury returned a defense verdict on the issue of liability.

Other Information

FILING DATE: June 27, 2011.

Deliberation

one hour

Length

four days