Facts

Defendant Yamin Li is the owner of Mao's Kitchen and Red Star Commune Inc. Li hired plaintiff Yu Zhang, a Chinese calligrapher to paint a mural on a wall of the restaurant's parking lot. On April 15, 2007, Li drove over the foot of Zhang as Zhang stood in the restaurant's parking lot. Consequently, Zhang sued Li, Mao's Kitchen, and Red Star Commune Inc. for motor vehicle negligence.

PLAINTIFF'S CONTENTIONS:
Zhang claimed that while he examined the wall to paint his mural, Li drove over his foot either because she did not see him or because she miscalculated the distance between the car and Zhang.

DEFENDANT'S CONTENTIONS:
Li asserted that Zhang was moving backward and failed to look for potential vehicles or place warning signs for his workspace.

Settlement Discussions

According to defense counsel: Plaintiffs pretrial demand was $650,000. Defendant's offer was $75,000.

Damages

According to defense counsel: Plaintiff alleged $150,000 in medical bills and $95,000 in past and future lost income. Plaintiff argued for an award of $745,000.

Injuries

Zhang suffered complex regional pain syndrome and an ankle fracture.

Result

The jury awarded Zhang $75,581, but also found that Zhang was 65 percent liable for the accident. The award was reduced to $26,453.

Other Information

Auto Club insured Li. POST-TRIAL MOTIONS: Zhang moved for additur and a new trial.

Deliberation

one day

Length

five days