Facts

On Aug. 30, 2009, plaintiff Lydia Brown, a hairstylist, was leaning against the back of a car owned by Sandra Smith in front of a bar in San Francisco when Smith drove away to take a mutual friend to the emergency room. Brown fell and injured her shoulder.

Brown sued Smith, alleging that Smith was negligent in the operation of the vehicle.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that if Smith had turned to her right or looked in her right hand mirror, she would have seen Brown leaning on the vehicle.

Plaintiff's accident reconstruction expert testified that Brown was leaning against the car and when the car moved it caused Brown to fall to the ground.

DEFENDANT'S CONTENTIONS:
Defendant contended that Brown shouldn't have been leaning against the car. Defendant further contended that there was no reason for Smith to expect someone to be leaning against the car and that Brown should have known that the car would be moving soon since Smith was taking their mutual friend to the emergency room.

Smith testified that she thought it was an emergency situation and that she looked to the left and in front of her before pulling onto the street. She testified that she did not know Brown was leaning against her car.

Settlement Discussions

Plaintiff demanded $75,000 ($100,000 demanded at trial). Defendant offered $7,247.

Injuries

Brown broke her left, non-dominant shoulder. She visited her doctor a few times and underwent a couple of physical therapy sessions. She claimed that it was now more difficult for her to work as a hairstylist. Plaintiff's orthopedic surgeon expert testified that Brown sustained a fractured shoulder and that it had healed or would heal shortly. He claimed that she would need some future treatment.

Result

The jury found that Smith was not negligent.

Other Information

Insurer: Farmers Insurance