Facts

On Jan. 11, 2013 at 1:45 p.m., plaintiff Anne Kniffen, 73, was crossing Genevieve Ave. with the assistance of a walker. Defendant Manuel Braganza Garcia was operating a 1995 Acura and was approaching Colorado Blvd. from Genevieve Ave. with the intention of turning right onto Colorado.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended defendant struck her, and that the subject accident caused her lower back condition to worsen and require a thoracolumbar reconstruction surgery. Plaintiff claimed that her medical condition was improving leading up to the subject accident.

DEFENDANT'S CONTENTIONS:
Defendant contended he made contact with plaintiff's walker as she was attempting to cross an unmarked crosswalk on Genevieve Ave. Defendant contended that plaintiff had a medical history, which included five prior lower back surgeries, and that plaintiff's medical condition was in a state of decline before the subject accident, and that the subject accident only caused a minor short term exacerbation of plaintiff's significant amount of pre-existing medical issues.

Settlement Discussions

Plaintiff's pre trial settlement demand increased to $2 million. Defendant did not make any further offers after the expiration of defendant's CCP 998 for $150,000.

Damages

Plaintiff asked the jury for $3,998,950 in future medical specials; $5 million in past non-economic damages, and $10 million in future non-economic damages, for a total of $18,998,950. Defendant presented multiple valuations to the jury, from $0 up to $96,000, but asked the jury for a defense verdict.

Injuries

Plaintiff was taken by ambulance from the scene to a nearby hospital, where she was released later that day. Plaintiff claimed that the subject accident caused an increase in pain management medication and a need for a multitude of medical services over the course of her 13 remaining years of life expectancy that would total $3,998,950.

Result

The jury returned a unanimous defense verdict, finding that defendant's negligence was not a substantial factor in causing harm to plaintiff.

Other Information

MEDIATOR: Hon. Russell Bostrom, ret., Judicate West. FILING DATE: Sept. 25, 2013.

Deliberation

one hour

Poll

9-3 (defendant’s negligence), 12-0 (defendant was not a substantial factor in causing harm to plaintiff)

Length

14 days