This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Auto v. Auto
Left Turn Collision

Kelly McGill, Matthew Harding v. Hendrick Vanbrundt

Published: Nov. 10, 2012 | Result Date: Sep. 12, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 37-2011-00085268-CU-PA-CTL Verdict –  Defense

Court

San Diego Superior


Attorneys

Plaintiff

Philip W. Ganong
(Ganong Law Office)


Defendant

J. Ross Peabody
(Law Offices of Michael E. H. Anderson)


Experts

Plaintiff

Stephen A. Blewett
(technical)

Ramin Raiszadeh
(medical)

Robert Mason
(medical)

Defendant

Stephen L.G. Rothman M.D.
(medical)

Stephen L. Plourd
(technical)

Raymond M. Vance M.D.
(medical)

Facts

On Jan. 21, 2011, driver Kelly McGill tried to make a left turn onto Fordham Street in San Diego. Matthew Harding was sitting in her front passenger seat. While entering an intersection, the left-front corner of McGill's car crashed into the left-front corner of Hendrick Vanbrundt's car. McGill and Harding filed a lawsuit against Vanbrundt.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that Vanbrundt drove his vehicle in a negligent manner because he ran a red light while McGill drive into the intersection with a green arrow.

DEFENDANT'S CONTENTIONS:
Defendant argued that both McGill and himself had green lights allowing them to proceed into the intersection. He claimed that McGill negligently turned left and should have yielded to approaching vehicles.

Settlement Discussions

Plaintiffs demanded $80,000 and Vanbrundt offered $37,000.

Damages

McGill sought $31,000 for past medical costs, $1,400 per year for future costs, and $5,000 per year for loss of earning capacity. Harding asked for $32,000 in past medical costs, $1,400 per year for conservative care, and $5,000 per year for loss of earning capacity.

Injuries

Plaintiffs' injuries included back and neck injury, exacerbated degenerative disc condition, epidural injections, soft tissue injury, stenosis, strains, and sprains. McGill and Harding received chiropractic treatment and McGill received physical therapy.

Result

The jury's verdict favored the defense.

Deliberation

three hours

Poll

9-3

Length

eight days


#111706

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390