Facts

Plaintiff Eric Center owned a construction site cleanup company. On Nov. 12, 2009, he was exiting the EDCO Disposal Corp. plant in a pickup truck, which had been altered into a hydraulic pickup truck. Center stopped at a T-intersection at Commercial Lane and Industrial Drive in La Mesa. A tractor-trailer driven by Sigfridio Estrada, which was owned by EDCO, struck the left, front-quarter panel of Center's truck, while Estrada tried to turn right. Center filed suit against Estrada and EDCO.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that Estrada operated the tractor-trailer negligently and that EDCO should be held vicariously liable for his conduct.

DEFENDANT'S CONTENTIONS:
Estrada argued that he drove up to the intersection prior to Center, but Center drove up quickly to the intersection, and attempted to get there faster than Estrada. Estrada claimed that it is common to see other drivers attempt to beat EDCO tractor-trailers to the intersection in order to get to the intersection first.

Defendant's expert also declared that Center caused the crash by trying to get to the intersection first.

Injuries

Center suffered a decreased range of motion, resection, rotator cuff injury, and arthroscopy.

Result

The jury awarded Center $430,994, which was reduced to $258,596 because Center was found to be 40 percent liable for the accident.

Deliberation

six hours

Poll

9-3

Length

seven days