Facts

On Nov. 25, 2009, Oscar Batzyat was driving his pickup truck on Sepulveda Boulevard. As he attempted to make a left turn from the second left turn lane onto San Fernando Road, he and Arcelia Ruelas, who was making the same left turn, but from the first left turn lane, were struck by a garbage truck operated by Juan Tabares who was traveling on San Fernando Road.

Batzyat was injured as a result thereof and sued Ruelas; Tabares; Dina Cruz, the registered owner of Ruelas' vehicle; and the City of Los Angeles, Tabares' employer and owner of the garbage truck for negligence and vicarious liability.

PLAINTIFF'S CONTENTIONS:
Plaintiff maintained that even though the police report found the automobile drivers to be 100 percent at fault for making an unsafe left turn and failing to yield the right of way, and also found the defendant to be 0 percent at fault, the garbage truck driver was inattentive and failed to follow the rules for commercial drivers.

Plaintiff also contended that said driver could have avoided the accident and therefore both Tabares and Ruelas were both comparatively at fault for the accident.

Plaintiff stated that the only reason Ruelas was in the case was that if she wasn't the City would point to an empty chair, and that they never argued that the jury should find Ruelas at fault for anything during the trial.

DEFENDANT'S CONTENTION: Defendant City contended that plaintiff and Ruelas both made unsafe left turns and were responsible for the accident.

Damages

Batzyat sought $195,348 for past medical costs; $200,000 in damages for his future medical costs; $40,000 in damages for his future lost earnings; and more than $5 million in damages for his past and future pain and suffering.

Injuries

Batzyat claimed injuries to his left, dominant arm and elbow. His hand was also injured, as were his rib, neck, shoulder and pelvis. He was taken to an emergency room by ambulance. X-rays and CT scans revealed several fractures on his arm, ribs, and back and he subsequently underwent surgery on Nov. 25, and again on Dec. 3. He was hospitalized for at least two weeks. Batzyat continued to experience residual pain and discomfort thereby reducing his mobility. He was left with permanent scars, and a limp requiring the use of a cane to walk. As a result of his condition, he was restricted from his abilities at work.

Result

The jury found Batzyat 60 percent liable for the accident; Tabares and the City was found 40 percent liable. Both Ruelas and Cruz were not found at fault. The jury then determined his total damages to be $892,973, which was reduced to $357,189.

Deliberation

seven hours

Length

10 days