Facts

On Oct. 6, 2008, plaintiff Anna Flanagan, 74, was injured on a bicycle/pedestrian trail in San Juan Capistrano when she was struck from the rear by a bicycle operated by defendant Susan Schott.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that she had been walking on the trail for approximately three miles when she stopped to rest. She moved over to the edge of the trail and was standing still when a bicycle driven by Schott hit her from the rear. Plaintiff claimed that defendant was riding the bicycle too fast for the conditions and was either inattentive or had lost control.

DEFENDANT'S CONTENTIONS:
Defendant claimed that she saw plaintiff walking on the trail in front of her as she prepared to pass on plaintiff's left. Defendant slowed her bicycle to 5 mph, rang her bell and called out but plaintiff unexpectedly walked in front of the bicycle as defendant was passing resulting in the collision.

Settlement Discussions

Defendant's insurance company (State Farm) offered policy limits of $100,000 prior to trial. The offered was rejected by plaintiff and withdrawn at time of trial.

Specials in Evidence

Plaintiff incurred $173,000 in medical specials (only $40,000 were admitted into evidence.)

Injuries

Plaintiff sustained a comminuted fracture of the greater tuberosity of her right shoulder and spilt tear of the biceps tendon resulting in shoulder arthroscopy and AC joint resection on April 17, 2009. The surgery was unsuccessful. A second surgery was performed on June 5, 2009 for a shoulder open reduction and internal fixation of displaced greater tuberosity fracture, right shoulder open rotator cuff repair and removal of hardware. The surgery was also unsuccessful. A third surgery was performed in July 2010. Plaintiff cannot raise her dominant right arm above her shoulder and has permanently lost range of motion and strength.

Result

Defense.

Other Information

FILING DATE: Dec. 3, 2009.

Deliberation

30 minutes

Poll

12-0

Length

four days