Facts

King Wang sued Francine Koenig, concerning a motor vehicle collision with a bicycle that allegedly occurred on Feb. 23, 2014.

PLAINTIFF'S CONTENTIONS:
Plaintiff, 94, who was riding his bicycle, was exiting a Milpitas shopping center when he was struck by a vehicle as he entered the number one lane on Jacklin Rd. Plaintiff sustained injuries to his head and sued defendant for negligence.

DEFENDANT'S CONTENTIONS:
Defendant claimed she was driving within the speed limit and tried to avoid a collision by forcefully applying her brakes. Defendant claimed plaintiff was inattentive and should have seen her. Defendant claimed plaintiff failed to yield the right of way, violating the law. Plaintiff was also not wearing his hearing aid and helmet at the time of the incident. Plaintiff also lacked adequate brakes in his bike. Defendant claimed that plaintiff's peripheral vision was greatly diminished and so defendant contended plaintiff was entirely at fault for his own injuries.

Settlement Discussions

Wang made a CCP 998 demand of $100,000, which Koenig countered with a CCP 998 offer of $10,000.01.

Damages

Wang sought $1,300,262 in total damages, including $64,742 in stipulated medical expenses.

Injuries

Wang suffered from brain bleeding and was placed in intensive care for two days. He remained at the hospital until April 2.

Result

The jury found Wang 80 percent liable and Koenig 20 percent at fault. It determined Wang's damages totaled $564,742, which, after apportionment, amounted to $112,949.

Other Information

FILING DATE: March 12, 2014.

Deliberation

one day

Length

six days