Facts

Thomas Outhouse was riding his bicycle eastbound on First Street on July 12, 2006, when he merged from the number 2 lane into the number 1 lane west of an intersection with Miller Avenue, and was rear-ended by a vehicle operated by Melissa Noto. Outhouse was thrown onto the hood of the vehicle and into the windshield, and then ejected onto the road.

PLAINTIFF'S CONTENTIONS:
Outhouse filed suit against Noto, and her father, Benjamin Noto, the vehicle's owner, alleging motor vehicle negligence and vicarious liability. Outhouse contended that Noto was inattentive and driving at an unsafe speed.

DEFENDANTS' CONTENTIONS:
Noto contended she was fully in the no. 1 lane of eastbound First Street and had not seen Outhouse until the moment of impact. Noto alleged that Outhouse made an unsafe lane change into her lane of travel, causing the accident.

Damages

Outhouse sought $6,270 in past lost earnings, $94,760.50 in past medical costs, as well as $5,000 in future medical costs and $150,000 for past and future pain and suffering.

Injuries

Outhouse sustained a head laceration as well as a left fibula fracture and left tibia subluxation, undergoing open reduction, internal fixation surgery.

Result

After an arbitration award of $290,000, the jury rendered a verdict for the defense on liability.

Deliberation

90 minutes

Length

four days