Facts

On July 30, 2012 Alexander Both, 20, was struck and injured by an SUV operated by Jesus Gerardo Elizarraraz-Lopez while riding his bicycle on Tustin Ranch Road at the intersection of Heritage Way in Tustin. The collision occurred while Elizarraraz-Lopez was turning left and Both was traveling through the intersection via the crosswalk. Elizarraraz-Lopez admitted fault.

PLAINTIFF'S CONTENTIONS:
Both contended that Elizarraraz-Lopez and unnamed defendants negligently caused harm to him, resulting in severe damage to his physical and emotional well-being. Plaintiff claimed the collision ended his soccer career, which was his chance to go to college.

DEFENDANT'S CONTENTIONS:
Elizarraraz-Lopez contested the degree of Both's medical damages, which he supported by a sub rosa video showing Both engaging in everyday activities.

Settlement Discussions

Both made a CCP Section 998 demand for $150,000 and defense returned with a $60,000 offer.

Injuries

Both's claimed injuries included two herniated discs in his cervical and lumbar region. According to defense, Both had several bulging discs but only the L5-S1 disc was classified as herniated.

Result

The jury awarded Both $77,139.51 for past and future medical expenses, $100,000 in past noneconomic loss, and $400,000 in future noneconomic loss, for a total recovery of $577,139.51. The jury gave him $0 for the loss of earnings claim.

Other Information

FILING DATE: June 6, 2013.

Deliberation

three hours

Poll

11-1 (economic), 12-0 (non-economic)

Length

two weeks