Facts

Plaintiff, 69-year-old resident of a skid row hotel, was crossing Seventh Street near Town Street on Dec. 24, 2003. Defendant police officer was driving a pick up truck and struck Mr. Angels as he was crossing Seventh Street on his way home.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Defendant City of Los Angeles by and through its employee was negligent by not paying attention to the road conditions, even though this was a very low speed impact.

DEFENDANT'S CONTENTIONS:
Defendant contended that Plaintiff jay walked as the evidence showed that the point of impact was 100 feet west of the crosswalk.

Settlement Discussions

Initially defendant offered $10,000 at the mediation offered increased to $25,000 before trial. Per defense counsel, plaintiff initually demanded $500,000, reduced to $100,000.

Damages

Tibial Plateau fracture of left leg.

Result

$131,950.12, and 50 percent comparative negligence, for plaintiff. Net award of $56,974.06.

Other Information

Defendant filed a Motion to Strike Tax costs on April 14, 2006. The costs were reduced from $10,619.04 to $10,391.63.

Deliberation

3.5 hours

Poll

10-2

Length

three days