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Personal Injury
Auto v. Pedestrian
Negligence

Tara L. Noland v. Seth Galvarro

Published: May 13, 2003 | Result Date: Jan. 14, 2003 | Filing Date: Jan. 1, 1900 |

Case number: 318119 Verdict –  $10,361

Judge

Lawrence E. Kern

Court

San Francisco Superior


Attorneys

Plaintiff

Albert G. Stoll Jr.
(Albert G. Stoll Jr. ALC)


Defendant

Stuart P. Lilly


Experts

Plaintiff

Sara Becker
(medical)

Facts

In the evening of Jan. 13, 2000, the plaintiff, a 20-year-old administrative assistant from Oregon, was on her way to a relative's house in the South Market area of San Francisco. She and her fiancT had just purchased some items from a liquor store and decided to cross Howard Street (a one-way street) at mid-intersection. As she was crossing, the plaintiff was struck by the defendant's vehicle at approximately 10 to 15 mph while he was backing up in the wrong direction. The defendant was reversing so that he could move over to the left lane to make a left turn. The plaintiff was thrown approximately five feet and landed on her left side. Paramedics were called to the scene and she was taken to hospital where she was treated for minor bruising and was released.

Settlement Discussions

Prior to trial, a non-binding arbitration was heard by Dan Duncan, Esq., who awarded $12,000 to the plaintiff. The defendant requested trial de novo and the case proceeded to trial. The defendant submitted an offer of $2,419 by way of C.C.P. Section 998 after the arbitration.

Specials in Evidence

$3,442 $1,918

Injuries

The plaintiff claimed she sustained a left hip contusion which resolved after three months.

Result

The jury returned with a gross award of $10,361 but found that the plaintiff was 25 percent comparatively negligent and the award was reduced to $7,771. After costs were added to the award, the total judgment was $9,968.

Deliberation

two hours

Length

two days


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