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Personal Injury
Auto v. Bicycle
Left Turn Collision

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

David M. Schacter M.D.

Court

L.A. Superior Burbank


Attorneys

Plaintiff

John Henrichs

Gina R. Lewis


Defendant

Anne C. McCurdy

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


#107421

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