Facts

Juan Mena sued Aselyn Kirkpatrick, in connection with an incident at a crosswalk.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant was attempting to make a right at an intersection while driving his Ford Focus. Plaintiff contended that at the time, he was walking along a crosswalk at the intersection when defendant struck him, throwing him up in the air and then landed on defendant's windshield, shattering it. He was injured as a result and sued defendant for negligence. Plaintiff alleged that he had the green light and that the crosswalk was clearly marked when the incident occurred.

DEFENDANT'S CONTENTIONS:
Defendant disputed the extent of plaintiff's claimed injuries, contending that none of them were caused by the subject incident. Defendant contended that the surgeries were also unrelated to the subject incident given that plaintiff did not undergo surgery on his back until four years post-accident.

Damages

Mena requested $2,758,000 in damages, including $266,666 in past medical expenses, $200,000 in future medical expenses, and an unspecified amount for past and future pain and suffering.

Injuries

Mena, 31, claimed he sustained a rotator cuff injury to his left shoulder and injured his spine in different places. He underwent surgeries to repair his spine and shoulder, but despite the surgeries, he claimed he would need more surgeries in the future.

Result

The jury concluded that Mena's shoulder injury was unrelated to the accident, but found the back surgery was necessary and causally related to the accident. The jury awarded Mena $445,000 in total damages, which included $95,000 in past medical expenses, $100,000 in future medical expenses, $50,000 in past pain and suffering, and $200,000 in future pain and suffering.

Other Information

FILING DATE: Sept. 13, 2011.