Facts

On May 9, 2008, at 3:15 p.m., plaintiff Edward Moody was on a motorcycle while defendant Rick Ward was driving northbound on 405 freeway, and continuing on transition road to 118 freeway westbound. An accident occurred. The front wheel of the motorcycle hit the left rear bumper of defendant's vehicle. Plaintiff was thrown off the motorcycle.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendant's reckless driving caused the accident and plaintiff's injuries.

DEFENDANT'S CONTENTIONS:
Defendant denied negligence and claimed that plaintiff moved from the number two lane to the number one lane and returned to lane number two striking defendant's vehicle. Further defendant contended there was no causation for plaintiff's shoulder injury.

Settlement Discussions

Plaintiffs made a CCP 998 demand for $100,000 for Edward, and a CCP 998 demand for $17,000 for Jackie. Defendant made a CCP 998 offer for $15,000 for Edward.

Damages

Plaintiff's wife, Jackie Moody claimed loss of consortium.

Injuries

Plaintiff claimed he suffered minor pain and strain at time of accident. Plaintiff claimed a rotator cuff injury four years later and had surgery six years after.

Result

Verdict for Edward Moody in the amount of $1,060, which included $60 in economic damages, and $1,000 in non-economic damages. Jackie Moody received no award.

Other Information

Plaintiff was found 49 percent negligent and defendant 51 percent negligent. FILING DATE: Nov. 2, 2010.

Deliberation

half day

Length

five days