Facts

On May 30, 2013, plaintiff Jacklyn Kozich was riding her 2009 Kawasaki Ninja motorcycle on Date St. in the city of Murrieta. Defendant Caroline McNeil was driving her 2012 Ford Fiesta on Date St. The parties collided, and plaintiff flew over the hood and landed on her right side.

PLAINTIFF'S CONTENTIONS:
Plaintiff, a student at University of California Riverside and Navy Veteran, contended that defendant was negligent for making a left turn in front of plaintiff. Plaintiff's expert opined that plaintiff was traveling at 16 to 22 mph and that defendant turned in front of plaintiff at 15 mph.

DEFENDANT'S CONTENTIONS:
Date Street is a small, side street, located near the intersection of Date and Margarita, has a 25 mph speed limit, and has no definitive lane markings for one lane in each direction. Date St. curves to the right in the direction plaintiff was traveling. The accident occurred shortly after the curve in the roadway.

Defendant contended that plaintiff was speeding around the curve and that when defendant was slowing to make her turn, due to plaintiff's excessive speed and the curve in the roadway, defendant could not have seen plaintiff prior to instituting her turn. The parties collided as plaintiff, proceeding straight, rode her motorcycle into defendant who was making a left turn into a driveway.

Date Street is a small, side street, located near the intersection of Date and Margarita, has a 25 mph speed limit, and has no definitive lane markings for one lane in each direction. Date St. curves to the right in the direction plaintiff was traveling. The accident occurred shortly after the curve in the roadway.

Settlement Discussions

Defendant tendered the $30,000 policy limits. Plaintiff served a CCP 998 for $300,000.

Specials in Evidence

$42,112 $5,000

Injuries

Plaintiff claimed she sustained a torn ACL, PCL and LCL, and sustained a fractured pelvis. She had surgery to repair the torn ligaments, and had to have a second surgery to repair a screw that had become loose due to microfractures in the bone. Plaintiff had physical therapy and made a fairly good recovery. She continued to have problems with a screw on the medial side of her knee which gave her discomfort. She had two injections to help alleviate the pain. Plaintiff's doctor opined that she could have the screw removed if she was so inclined. Defendant conceded the surgeries and argued that plaintiff had made a good recovery.

Result

Defense verdict. The jury found that while defendant was negligent, she was not a substantial factor in causing plaintiff's injuries.

Other Information

Plaintiff waived the right to file post trial motions in exchange for defendant's agreement to waive costs. FILING DATE: July 1, 2013.

Deliberation

2.5 hours

Length

four days