Facts

Romy Youngquist, then age 14, was riding her skateboard across Mission Street. As she was crossing within a crosswalk, she was struck by a vehicle operated by Jose Pagaduan. Felicite Tchaco, acting as the guardian ad litem for Plaintiff, sued Pagaduan for motor vehicle negligence. Plaintiff claimed she had the approved "walk" symbol light as she entered the crosswalk and Pagaduan failed to yield. Plaintiff's friends who were present at the scene also testified that the light was in her favor.

Pagaduan claimed that Youngquist was comparatively at fault, as she was riding a skateboard without a helmet and was inattentive as she crossed against the "don't walk" light. The defense's accident reconstruction expert opined that the traffic light sequence analysis indicated that Plaintiff began to cross the street against either a flashing or solid red hand or "don't walk" sign.

Settlement Discussions

Plaintiff's final CCP 998 demand was $50,000. Defendants final CCP 998 offer was $8,001.

Injuries

Plaintiff sustained a wrist sprain to her right dominant hand with intermittent residual. Plaintiff also claimed a mild traumatic brain injury with loss of consciousness as a result of the accident, resulting in new, frequent post-accident headaches. Plaintiff's treating doctors testified she would require future neurological and chiropractic care with future medical costs up to $500,000 for the remainder of her life. Plaintiff further testified her financial circumstances resulted in treatment delays in obtaining both neurological and chiropractic treatment after the accident. Defendant admitted the wrist sprain and associated medical care resulted from the accident. Defendant's expert, Dr. Cassini, testified that the majority, if not all of Plaintiff's headaches were not causally related to the accident and that no accident-related future care was necessary.

Result

The jury found that Pagaduan was negligent, but also found that Romy was negligent. Romy was assigned 20 percent of the liability and the remaining 80 percent was assigned to Pagaduan. Romy's $26,381 reward was reduced to $21,105.