Elizabeth Martens v. Adrienne King
Published: May 24, 2005 | Result Date: Mar. 10, 2005 | Filing Date: Jan. 1, 1900 |Case number: MC015134 Verdict – $0
Judge
Court
L.A. Superior Lancaster
Attorneys
Plaintiff
Stephen K. McElroy
(Carpenter, Zuckerman & Rowley LLP)
Experts
Plaintiff
A. Keith Miller
(technical)
Defendant
Anthony C. Stein Ph.D.
(technical)
Facts
On Jan. 10, 2003 at approximately 4 p.m. on Avenue J, approximately 344 feet west of Division Street in the City
of Palmdale, the defendant was traveling eastbound on Avenue J at approximately 45 mph in the lane nearest
the curb. Her intention was to turn right onto southbound Division Street, therefore she was slowing down
when the accident occurred. The posted speed limit was 45 mph. At the time of the accident, the traffic signal
for eastbound through traffic was red, therefore vehicles in the numbers 1 and 2 eastbound lanes were stopped
and backed up some distance.
Mark Martens, 52, was traveling southbound on his bicycle across west/east lanes, weaving between the
stopped vehicles. After weaving through vehicles that were stopped in the eastbound number 1 and 2 lanes,
Martens entered the defendant's lane. The defendant did not see Martens until he entered her lane. She stepped
on her brakes but was unable to avoid colliding with Martens. Her speed at impact was estimated at between
38 to 40 mph. The traffic in the number 1 and number 2 lanes was backed up for 650 feet to the next
intersection. The defendant driver had passed 300 feet of stopped cars before she hit the decedent. Martens'
body was propelled over 70 feet.
Martens sustained fatal injuries as a result of the accident. The decedent was developmentally disabled.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand for $100,000 (policy limits). The defendant made a C.C.P. Section 998 offer for $10,000.
Damages
Non-economic damages for loss of care, society and companionship. (The plaintiff was the decedent's 76-year-old retired mother).
Other Information
The plaintiff's motion for new trial is pending.
Deliberation
one day
Poll
9-3
Length
seven days
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