Facts

Michael Myers sued Charlette Yankowitz, in connection with a collision between a motor vehicle and a pedestrian that occurred on Jan. 26, 2015 at around 7:30 in the morning.

PLAINTIFF'S CONTENTIONS:
Plaintiff was a garbage truck worker in Oakland. Plaintiff contended that defendant struck him with her vehicle as he entered the street near his parked garbage truck. Plaintiff was injured and sued defendant for negligence. Plaintiff contended that he was wearing his bright uniform and the garbage trucks had its warning lights on that defendant should have been on notice. Instead, defendant was speeding down the road when she should have been aware of plaintiff.

DEFENDANT'S CONTENTIONS:
Plaintiff allegedly ran into the passenger side of her car. A witness also allegedly saw defendant take a running start into the street.

Settlement Discussions

Myers demanded Yankowitz's policy limits in settlement. Yankowitz made a CCP 998 offer of waiver of costs.

Specials in Evidence

$46,000. The jury did not get to hear about the medical specials because the trial was only about liability per the stipulation of the parties.

Injuries

Myers fractured his left ankle and underwent surgery to repair it. He used a scooter for mobility for about six months.

Result

The jury rendered a unanimous verdict in Yankowitz's favor, finding her not negligent.