Facts

Eugene Rogers was riding his bicycle south on a street, preparing to turn left eastbound when a collision occurred with a vehicle operated by Michael Melone, who was driving northbound and was about to turn right eastbound. Rogers suffered injuries as a result thereof and sued Melone for negligence.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Defendant's vehicle rear-ended his bicycle after they made their respective turns. Plaintiff further contended that Defendant fled the scene following the collision.

DEFENDANT'S CONTENTIONS:
Defendant contended that he was already three-quarters of the way into his turn when he noticed Plaintiff to his left who had stuck out his right hand and grabbed his vehicle. Defendant further contended that he slowed down and became separated from Plaintiff, who then fell off his bicycle.

Damages

Rogers claimed that he continued to suffer from tremendous pain on a daily basis, which also caused him trouble riding his bike. He also claimed that he will need to undergo knee surgery and possibly neck and/or back surgeries as well. Rogers sought recovery for past medical expenses; $45,000 for anticipated future medical expenses; and unspecified damages for past and future pain and suffering. Melone disputed the extent of his injuries and the need for surgery.

Injuries

Rogers claimed he sustained medial meniscus tears in both knees, a lumbar herniation, a cervical disc bulge, and a cervical disc protrusion. He also claimed to suffer from de Quervain's tenosynovitis, which caused painful inflammation of tendons in his right thumb extending to his right wrist. He primarily treated with physical therapy but also received cortisone shots.

Result

The jury found Melone 90 percent at fault and Rogers 10 percent at fault. The jury awarded Rogers $41,406, which included $6,406 in past medical cost; $20,000 in past non-economic loss, including physical pain and mental suffering; $5,000 for future non-economic loss; and $100 for future medical cost. The award was reduced to $37,265.

Deliberation

2.5 hours

Poll

12-0 (liability), 12-0 (past and future medical costs), 10-2 (past non-economic loss), 9-3 (future non-economic loss)

Length

three days