Facts

On Jan. 20, 2005, plaintiff, Tom W. Hayes was involved in an accident when a refuse truck owned and operated by defendant Calmet Services, Inc., backed into plaintiff's motorcycle. The accident occurred in an alley at Hollydale School in Paramount, California.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant driver was negligent for backing his vehicle without ascertaining whether any vehicles were behind him. Plaintiff also contended that defendant violated industry standards by not having a helper or spotter present while the refuse truck was in the process of backing up.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff was responsible for the accident for pulling up behind defendant's vehicle in its blind spot and that there are no industry or other standards requiring a spotter be present while a refuse truck is backing up. Defendant also disputed that plaintiff's alleged rotator cuff tear was related to the accident.

Settlement Discussions

Plaintiff's demand of $36,000 reduced to $31,000 on date of trial. Offer: $17,500, C.C.P. Section 998.

Damages

Torn rotator cuff, possible rib fracture, cervical strain.

Result

Defense verdict.

Other Information

Plaintiff did not offer medical specials into evidence as they were paid by worker's compensation.

Poll

12-0

Length

four days