Facts

Young Soo Park, 65, sued Roxanne Hart after he was struck by her Prius on November 1, 2010 while he was crossing the street near the intersection of Wilshire Place and 7th Street in Los Angeles.

PLAINTIFF'S CONTENTIONS:
Park contended that he entered the crosswalk on a green light, and was struck by defendant. He alleged Hart was negligent in the operation of her vehicle and failed to keep a proper lookout. Witnesses testified that Hart was traveling at an excessive speed and that plaintiff entered the crosswalk on a green light, and was inside the crosswalk when he was struck.

DEFENDANT'S CONTENTIONS:
Hart denied Park's allegations and asserted various affirmative defenses. At trial, defendant contended that Park darted out into the street and entered the crosswalk when the "Do Not Walk" sign was flashing. A witness for the defense corroborated this version of events and testified that plaintiff jumped in front of defendant's car. Defendant claimed she was unable to see Park or avoid the collision.

Settlement Discussions

Park made a CCP Section 998 demand for $25,000 and the defense made a CCP Section 998 offer of $15,000.

Damages

Park sought $12,597 in damages.

Injuries

Park claimed injuries to his back, knee, ankle, neck, and face. Plaintiff also claimed a tuft fracture of the left toe, missing teeth, heart problems, and tearing of the eyes/poor eyesight. Defendant claimed that plaintiff's injuries were inconsistent with the impact of a car traveling "very fast." Defense expert Henry W. Lubow, M.D., testified that plaintiff's injuries should have resolved on its own within a few months and that plaintiff's claims of dental issues, eye problems and cardio symptoms were exaggerated and not related to the accident.

Result

The jury determined each party was 50 percent liable. It also determined Park's damages were $14,000, which included $8,000 for medical costs and $6,000 for pain and suffering. After apportionment, the net verdict will be $7,000.

Other Information

FILING DATE: Sept. 11, 2012. Post-trial, the defense filed a memorandum of costs for $19,319.

Deliberation

one day

Length

five days