Facts

On July 7, 2009, plaintiff Mose Hart III, 42, was driving on Artesia Boulevard in Compton. An accident occurred where the front left corner of Hart's vehicle hit the right-side cab of an 18-wheeler truck operated by Kevin Kissinger. Hart sued Kissinger and Kissinger's employer, alleging that Kissinger was negligent in the operation of his vehicle. Hart argued that he was traveling in the curb lane of a two-lane, one-way side street when Kissinger attempted a sudden, wide right turn into a commercial driveway. Hart claimed that Kissinger made an illegal and dangerous maneuver from the left lane, causing the accident.

Kissinger argued that he was traveling in the curb lane of the street, and Hart had been traveling in the left, fast lane. As Kissinger slowed down to 5 to 10 mph and turned on his right-turn signal, he swung into the left lane to attempt a wide turn. Hart then moved from the left lane into the right lane in an attempt to pass around the turning truck, causing the collision.

Settlement Discussions

Plaintiff initially demanded $152,187, later reduced to $50,000. Defendant offered $6,875 pursuant to CCP 998.

Damages

Hart claimed $12,000 in past medical costs, and sought $20,000 to $350,000 in future medical expenses.

Injuries

Hart was diagnosed with strains and sprains to his neck and lower back. He underwent chiropractic treatment for 2.5 months including an MRI, which revealed bulging discs at L4-5 and L5-S1.

Result

The jury returned a defense verdict on liability.

Deliberation

30 minutes

Poll

12-0

Length

five days