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Personal Injury
Auto v. Bicycle
Negligence

Hector Morales v. Maureen Daggett

Published: Aug. 10, 2004 | Result Date: May 6, 2004 | Filing Date: Jan. 1, 1900 |

Case number: 2002068615 Verdict –  $231,964

Judge

Horace Wheatley

Court

Alameda Superior


Attorneys

Plaintiff

Jim W. Yu
(Law Offices of Jim W. Yu)


Defendant

Jon H. York


Experts

Plaintiff

Aubrey A. Swartz
(medical)

David Rondinone
(technical)

Gregory Victorino
(medical)

Defendant

J. Michael Stephenson
(technical)

Facts

Hector Morales, 21, was riding his bicycle westbound down a steep hill on Cedar Street in Berkeley when he was struck by a GMC Jimmy driven by Maureen Daggett on the evening of Sep. 18, 2002. Daggett was turning left onto northbound Hawthorne Terrace. Her headlights and turn signal were illuminated.

Settlement Discussions

The plaintiff demand $250,000 on the day of trial. The defendant made a C.C.P. Section 998 offer $100,000 policy limits, plus $25,000 of defendant's own money.

Specials in Evidence

$116,364 $25,600

Injuries

Morales suffered four lower left leg fractures, for which he had two operations and will need one more. He also sustained a skull fracture, a subdural hematoma, a nose fracture and a left orbit fracture.

Other Information

The jury found for Morales and awarded him $231,964 minus 65 percent for comparative negligence.

Deliberation

16 hours

Poll

12-0

Length

four days


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