Armando Escobar v. David Clark, Edan Levin
Published: Jul. 8, 2003 | Result Date: Mar. 27, 2003 | Filing Date: Jan. 1, 1900 |Case number: EC034040 Verdict – $42,500
Judge
Court
L.A. Superior Burbank
Attorneys
Plaintiff
Defendant
Kurt U. Boyd
(Law Office of Kurt U. Boyd)
Experts
Plaintiff
Sharzad Forat
(medical)
Benjamin Gross
(medical)
Facts
The plaintiff was stopped on his bicycle facing west and at the intersection of Buena Vista in Burbank awaiting the traffic signal to turn green so he could turn left and head south on Buena Vista. The defendant Levin was traveling north on Buena Vista in a Toyota Corolla and entered the intersection at 40 mph in a 35 mph zone. The defendant Clark was traveling south on Buena Vista in a pickup truck and entered the intersection from the left turn lane to head east on Empire. The traffic signal light was green for both Levin and Clark but there was no separate left turn green arrow light. The defendant Clark turned in front of the defendant Levin and Levin's car hit Clark's truck, and Clark's truck hit the plaintiff.
Settlement Discussions
The defendant Clark offered his policy limits of $15,000 for the personal injury and $4,000 for property damage which was accepted on the first day of trial. The plaintiff demanded $7,000 from Levin, which was rejected. The defendant Levin offered $4,000 on the first day of trial which was rejected.
Specials in Evidence
$5,820 $1,376 Undetermined
Injuries
The plaintiff suffered a concussion, soft tissue injuries to his neck and back, cuts and bruises on his neck, left arm and ankle and floating spots in his eyes due to possible detached retinas.
Result
The defendant Clark was found 85 percent liable ($36,125), and the defendant Levin was found 15 percent liable ($6,375).
Other Information
The plaintiff sought attorneys' fees of $12,814 from Levin for her denial of requests for admissions that she was partially responsible for the accident. The motion was denied. The plaintiff is appealing the denial. The plaintiff has filed a cost bill and the defendant Levin brought a motion to tax costs. Costs were awarded to the plaintiff from Levin in the amount of $2,192.
Deliberation
two hours
Poll
12-0 (award amount), 12-0 (apportionment of liability)
Length
four days
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