Facts

On Sept. 4, 2007 at 12:50 p.m., Darla Saiyasit, employed as a driver for defendant Iron Mountain Inc., pulled away from a parking spot. Saiyasit was parked on the left hand side of a one-way street. Plaintiff Thomas Snyder was in the active traffic lane immediately to the right of the parking lane. Saiyasit moved into plaintiff's lane of travel, cutting him off and causing him to crash his motorcycle into the right front wheel of defendant's van. Plaintiff fell to his right side with his 1999 BMW motorcycle falling on top him, causing the navicular bone in his right foot to fracture into two fragments.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Saiyasit was 100 percent at fault for the collision. Defendant was negligent per se in violation of Vehicle Code sections 21804 (failure to yield to approaching traffic when entering the roadway) and 22106 (unsafe movement of vehicle from parked position).

DEFENDANT'S CONTENTIONS:
Defendant alleged that plaintiff was at fault for his own injuries and failed to yield to defendant as she was emerging from the parking lane. Defendant argued that plaintiff should have avoided the collision by swerving away from the van.

Defendant argued that plaintiff made an excellent recovery from the injury and did not require future ankle or foot surgery, other than to remove internal screws should they cause irritation.

Settlement Discussions

Plaintiff made a CCP 998 offer of $190,000. Defendant made a CCP 998 offer of $70,000.

Specials in Evidence

$50,832 $58,784 $16,250 $25,000

Damages

The trial judge declared a mistrial as to the question on past non-economic damages.

Injuries

As a result of the collision, plaintiff suffered a fracture to the navicular bone in his right foot. He underwent foot surgery and was not able to work for three months. His treating orthopedic surgeon opined that arthritis was present in the area of injury three years after the accident, and plaintiff likely needed surgery in the future. As a chef, plaintiff is required to be on his feet. The injury caused him to be terminated from his job as a chef of a three-star restaurant in San Francisco. He was caused to take a position in Monterey.

Result

Verdict for $197,874. Post-trial settlement in the amount of $250,000.

Other Information

EXPERT TESTIMONY: Plaintiff's expert Eric Rossetter, Ph.D., P.E., testified that plaintiff was visible in the right hand mirror of defendant's van at all relevant times before the impact. Defendant pulled out of a parking space without making sure the active traffic lane was clear. The location of the collision and damage to the respective vehicles established that this was a sideswipe collision, and therefore, plaintiff was fully in the lane at the time of impact. Defendant's experts argued that plaintiff was changing lanes immediately before impact and was the cause of the collision. Plaintiff's treating physician, R. Trigg McClellan testified that plaintiff suffered a complex fracture of the navicular bone in the right foot. The bone was in two or more pieces and required surgery involving open reduction with internal fixation. Plaintiff was required to stay off his feet, and therefore, was not able to work in his profession as a chef until the injury healed. Dr. McClellan further testified that arthritis was present in x-rays taken three years post-accident, and plaintiff likely required surgery in the future. The cost of future surgery was approximately $25,000. Plaintiff would need to take time off work for recovery from any future surgery. Defendant's expert, John Lavorgna, M.D., orthopedic surgeon, testified that plaintiff would not require any significant surgery in the future, although he might need a surgery to remove the internal screws if they caused irritation.

Deliberation

three hours

Poll

8-4 (economic)

Length

six days