Facts

On Dec. 27, 2001, plaintiff Michael Moran, 6, was sitting on his skateboard along the side of a street playing a video game in Oakland. His mother was across the street, carrying laundry. A neighbor, defendant Alejandro Rivas, reversed his tractor trailer onto his driveway in the plaintiff's vicinity.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant's trailer ran over the plaintiff's foot and hand. The plaintiffs claimed the defendant was negligent.

DEFENDANTS' CONTENTIONS:
The defendants contended that the defendant's trailer ran over plaintiff's skateboard, but did not touch him. Defendants claimed that the plaintiff's mother was partly responsible for any injuries because she failed to supervise her son.

Settlement Discussions

The plaintiff demanded $75,000. The defendants offered $30,001 (C.C.P. Section 998).

Specials in Evidence

$6,753

Damages

Plaintiff claimed $500,000 in lost earning capacity, but this claim was dropped on the second day of trial.

Injuries

The plaintiff claimed a crushed left foot resulting in osteoarthritis. He was taken by ambulance to a hospital and diagnosed with contusions to his left hand and foot. The plaintiff was in a wheelchair for seven weeks and has continuing pain. He can no longer enjoy various physical activities.

Result

The jury found defendant 55 percent liable and plaintiff's mother 45 percent liable. As such, the jury awarded plaintiff $6,565, which was reduced to $4,259.

Other Information

Defendant filed a memorandum of costs for $13,629 pursuant to C.C.P. Section 998. Motion to tax costs pending. Defendant expects to have a net judgment in his favor.

Deliberation

four hours

Poll

12-0

Length

nine days