Facts

Plaintiff Leroy Cobb ran out of gas on the 215 freeway in Riverside at night. He was pushing his vehicle on the freeway when he was struck by defendant Gabriel Alcaraz Jr.'s vehicle.

The case was bifurcated and tried on liability only.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed he had his hazard lights activated and was in the Columbia Street off-ramp when struck. He claimed that defendant was inattentive and could have avoided the collision.

DEFENDANT'S CONTENTIONS:
Defendant claimed that the accident occurred in the number four lane of the freeway (not the off-ramp) and that the hazard lights were not on. Once plaintiff's vehicle was seen there was not enough time to avoid the collision.

Settlement Discussions

Defendant had served a CCP 998 for $15,000 which was not accepted.

Injuries

Plaintiff suffered severe injury to lower leg/ankle, neck, back and knee injuries.

Result

Defense verdict.

Other Information

Defendant has submitted a cost bill in excess of $30,000. FILING DATE: Oct. 16, 2009.

Deliberation

half hour

Length

four days