Facts

On May 19, 2006, plaintiff Eric Boston, a 36-year-old teacher's assistant, was hit by defendant Dana Hugill's car. Boston was riding his bike in the crosswalk at the intersection of Howard Street and Sixth Street, San Francisco. Hugill struck Boston as she was making a left-hand turn going southbound on Sixth Street.

Boston sued Hugill alleging motor vehicle negligence.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendant's negligence caused the impact that knocked him off his bike.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff had a duty to look for intersecting traffic, but failed to do so. Defendant further claimed that plaintiff did not take the safest route across the intersection and that he did not fall to the ground, but rather rode to the corner after his right crank and handlebar became stuck.

Settlement Discussions

Plaintiff demanded $20,000, defendant offered $7,500 per C.C.P. 998. Defendant's final offer was $0.

Specials in Evidence

$11,588.94 (past) $8,872.65 (past)

Damages

$30,000 for past pain and suffering

Injuries

Plaintiff claimed back and neck pain, including stiffness. He underwent five months of physical therapy but did not require surgery. Defendant alleged that plaintiff only sustained minor soft-tissue injuries and that plaintiff was not entitled to costs for physical therapy that was not prescribed by a physician.

Result

Jury determined that defendant was 70 percent liable and plaintiff was 30 percent liable, thus awarding plaintiff $21,524.53. The jury did not award special damages for plaintiff's physical therapy bills.

Other Information

Plaintiff intends to file a motion for costs. Defendant may appeal.

Poll

12-0

Length

three days