Facts

Marci Gutierrez, 13, was riding her bicycle on the sidewalk. She was struck by a Dodge Durango operated by Ronald Saunders as she entered an intersection. She suffered multiple injuries as a result of the accident and sued Saunders for negligence.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that she was visible to the defendant, as they had made eye contact prior to her entering the intersection. Further, the plaintiff contended that the defendant, who was stopped at the corner and intending to make a right turn on a red light, should have remained stopped until after she exited the crosswalk, but that the defendant turned into her, running her over and dragging her about 16 feet.

DEFENDANT'S CONTENTIONS:
Defendant contended that the plaintiff entered the intersection without stopping. He also contended that he never saw the child prior to the impact and was unaware of the accident until he stopped at a gas station about 25 feet away.

Damages

Gutierrez incurred nearly $30,000 in medical expenses.

Injuries

Gutierrez was rushed to the hospital by ambulance, where she remained for two days. She sustained fractures on several parts of her body, including her hip, pelvis, and her teeth as well as a lung contusion and multiple lacerations to her face and body. She had to use a wheelchair for six weeks and was unable to do any physical activities during the duration.

Result

Although the jury found Saunders negligent, the jury also found that his negligence was not a substantial factor in causing the child's injuries. Hence, the jury rendered a defense verdict.

Other Information

Dumont Law Offices handled the entirety of trial responsibilities for Plaintiff.

Deliberation

1.5 days

Poll

10-2 (negligence), 9-3 (causation)

Length

seven days