Facts

On Dec. 3, 2012, at 7:30 p.m., plaintiff Joseph Butenhoff was standing in the northbound number 1 lane at Palo Verde Blvd. near its intersection with Pageantry in Long Beach. Plaintiff was helping a dog owner whose dog was previously hit and killed by a car in the number 1 lane. There are two lanes for northbound and two lanes for southbound traffic.

Defendant, Rae Anne Bautista was driving in the northbound lane and did not see plaintiff in time to avoid hitting him. Just before impact, Bautista swerved into the number 1 southbound lane to avoid hitting plaintiff. Plaintiff tried to get out of the way by moving in the same direction that Bautista was swerving and ultimately was hit in the southbound number 1 lane.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that Bautista failed to watch the road ahead and see plaintiff in time to either slow to a stop in the number 1 lane or slow down and pull over into the number 2 lane and safely pass plaintiff and the injured dog. Vehicles that approached the scene before Bautista arrived slowed down to safely pass in the northbound number 2 lane.

The investigating officer found plaintiff 100 percent at fault by violating California Vehicle Code section 21954, pedestrian in the roadway.

DEFENDANT'S CONTENTIONS:
Bautista claimed that she could not see plaintiff in time to avoid hitting plaintiff because the incident happened in a dark part of a residential area. Plaintiff was squatting down to look at the dog making him harder to see.

Plaintiff should have avoided the impact by moving into the number 2 northbound lane and not the southbound number 1 lane where Bautista swerved to avoid the incident.

Settlement Discussions

In May 2013, plaintiff demanded $100,000 policy limits. Allstate denied the claim. There was no offer until three months before trial when Allstate offered the $100,000 policy limits. Plaintiff demanded $875,000 one month before trial. No other offers or demands were made.

Specials in Evidence

waived waived waived waived

Injuries

Plaintiff claimed he suffered traumatic brain injury, hip fracture and torn meniscus. Defendant claimed that plaintiff had essentially recovered from his injuries since he was back to work in one year doing basically the same job he had before which was building and maintaining cell towers. Plaintiff's job required a lot of physical activity, which included heavy lifting and climbing towers 60 feet high. After the incident, plaintiff was given a company truck to drive.

Result

Plaintiff's verdict for $3 million.

Other Information

INSURER: Allstate insured Rae Anne Bautista. FILING DATE: Sept. 17, 2013.

Deliberation

four hours

Poll

9-3 (liability), 10-2 (damages), 9-3 (comparative negligence)

Length

seven days