Facts

Michelle Steinbock was driving down a road in San Diego when a city garbage truck allegedly pulled out from the side of the road causing a collision. She sued the city alleging vicarious liability for the city employee's negligence. The police officer who responded to the incident found Steinbock at fault based on the trash truck driver's version of events.

PLAINTIFF's CONTENTIONS:
Steinbrock contended that the truck came out of nowhere and cut her off. She also claimed that the driver had been in five other accidents in her career as a garbage truck driver.

DEFENDANT'S CONTENTIONS:
The city disputed Steinbock's description of the accident and argued that the collision was her fault. The city supervisor testified the truck pulled out from Soledad after picking up trash. The driver testified she did not pick up trash on Soledad.

Settlement Discussions

Plaintiff's CCP 998 was $12,500. Defendant's 998 was a waiver of costs.

Specials in Evidence

Steinbock claimed she would need future ankle surgery due to a left ankle tibiotalar effusion. The defense argued that Steinbock's weight prolonged the ankle sprain. Its expert testified that she suffered no more than an abrasion and some contusions and should have healed in 4-6 weeks.

Damages

Steinbock's medical expenses totaled approximately $14,000. Her vehicle was totaled as a result of the collision at a cost of $16,500. She sought damages for past and future medical bills and past and future general damages.

Injuries

Following the collision, Steinbock's husband picked her up from the scene of the accident and drove her to the hospital. She was diagnosed with severe left ankle sprain, right wrist pain, bruised breast and chest well, and a laceration on her shin, including various contusions. She underwent physical therapy, an MRI, and took pain medications. She also underwent a write injection and presented to an upper extremity specialist.

Result

The jury found the city 60 percent negligent and that its negligence was a substantial factor in Steinbock's injuries. She was found to be 40 percent at fault. She was awarded $49,000. Her total award was $29,000, which included $10,000 for future general damages, $14,000 for past medical specials, $15,000 for past general damages, and $10,000 for future economic damages.

Other Information

Plaintiff will also recover $9,000 in costs and interest.

Deliberation

four hours

Poll

11-1 (defendant's negligence)

Length

six days