Facts

Plaintiff Glenn Young is a 35-year-old smog technician. In July 2004, the plaintiff was returning from lunch on
his bicycle, riding against the traffic on Taylor Road. The plaintiff approached an intersection at about 10 to 15
mph. He checked for traffic and noticed defendant Harold Bitcon's sedan making a right turn. The plaintiff
slammed into the side of defendant's sedan.

PLAINTIFFÆS CONTENTIONS:
The plaintiff sued the defendant alleging vehicular negligence. He claimed the
defendant failed to look both ways before making his turn.

DEFENDANTÆS CONTENTIONS:
The defendant asserted that he looked both ways before turning, but that his
view to the left was obstructed by parked cars. The defendant claimed that he inched forward, looking both
ways, and never saw the plaintiff approaching from his right. The defendant further alleged that riding a
bicycle against traffic is in violation of the state Vehicle Code.
A deputy sheriff testified that the plaintiff also violated the Vehicle Code by riding his bicycle too fast. This was
evidenced by the extent of damage to the bicycle and sedan.
The plaintiff's attorney argued that both parties were equally to blame for the accident and requested that the total
award be reduced by 50 percent because of plaintiff's own negligence.

Settlement Discussions

The plaintiff made a demand of $9,999; the defendant's offer was $5,001.

Damages

The plaintiff sought lost wages of $2,240 and $15,000 in non-economic damages. The defendant did not dispute the medical expenses but asserted that the plaintiff should not receive non-economic damages.

Injuries

The plaintiff suffered broken ribs, a fractured wrist, and lower back pain. He sought medical expenses of $2,825.

Result

Defense verdict.

Deliberation

30 months

Poll

12-0

Length

three days