Facts

On Jan. 3, 2013, plaintiff Dr. Theodore Corwin was riding his bicycle on Foxfield Drive at Saddletree in Westlake Village, when defendant Tom Foscue turned left and collided with plaintiff.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant made an unsafe left turn in front of him, although he had post-traumatic amnesia and could not recall the details of the accident.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff tried to pass defendant's car on the left, coming from behind defendant on the wrong side of the road, as defendant was proceeding with his left turn.

Settlement Discussions

According to plaintiff, Dr. Corwin and his wife made a CCP 998 demand of $495,000, which was rejected, and defendant made a CCP 998 offer of $225,000 to Dr. Corwin and $25,000 for Corwin's wife. According to defense, defendant's offer was increased to $300,000 combined prior to trial, which was rejected.

Specials in Evidence

$9,658 $24,000 $214,683 none

Damages

According to plaintiff, Dr. Corwin suggested to the jury an award of $1,070,501.24, which included $150,000 for his wife's loss of consortium claim. According to defense, Dr. Corwin asked the jury for $2,540,658, and his wife asked for $200,000 for loss of consortium.

Injuries

Dr. Corwin, 71, alleged traumatic brain injury. He also alleged he suffered soft tissue, muscular pain preventing him from working at full capacity as a plastic surgeon.

Result

Plaintiff was awarded $63,143. The jury found plaintiff 10 percent at fault. Plaintiff's wife was awarded zero.

Other Information

A mediation held before Troy Roe failed to resolve the matter.

Deliberation

1.5 hours

Length

eight days