Facts

On July 29, 2005, plaintiff Gary Neatherlin, 52, was on his motorcycle traveling southbound on Van Ness Avenue in San Francisco, when he collided with a vehicle driven by defendant Kimberly Wade while she was making a left turn. Wade was traveling northbound on Van Ness Avenue when the two collided and was thrown from his motorcycle. Both Neatherlin and Wade had green lights but Wade's sign instructed her to yield to oncoming traffic.

PLAINTIFF'S CONTENTIONS:
Neatherlin contended that Wade violated Vehicle Code sections 21801 and 22107 when she failed to yield to oncoming traffic.

DEFENDANT'S CONTENTIONS:
Wade denied all allegations.

Settlement Discussions

Neatherlin made a C.C.P. section 998 offer of settlement for $500,000, which Wade countered with $150,000 (increased to $325,000 after liability was established in the first trial but before the second trial).

Damages

Neatherlin claimed damages in the amount of $44,174 for past medical expenses, $922,002 for future medical expenses, and over $3,000,000 in non-economic damages.

Injuries

Neatherlin suffered injuries including back injuries, thoracic strain, aggravation of prior lumbar spine injury, and vascular insufficiency.

Result

The jury found in favor of Neatherlin in the amount of $1,458,938.40, which represented $39,513 in past medical expenses, $519,425 in future medical expenses, and $900,000 in non-economic damages.

Other Information

Wade filed a notice of appeal but eventually settled all claims for $1,004,000. FILING DATE: June 9, 2008. Travelers Insurance was the insurer for Wade.

Deliberation

two days

Poll

11-1 (past medicals), 12-0 (future medicals), 9-3 (non-economic damages)

Length

14 days