Facts

Plaintiff Juan Duarte and his daughter were traveling southbound on LaHabra Boulevard in LaHabra. The plaintiff was in the passenger seat and his daughter was driving. As they drove through the intersection with Montevista Street, they were hit by defendant Joseph Cuccia. The defendant was traveling northbound on LaHabra and made a left turn onto Montevista. There were no independent witnesses to the collision.

PLAINTIFF'S CONTENTIONS:
The plaintiff sued defendant, claiming negligence. The plaintiff opined that his daughter proceeded through the intersection after the light turned green, and defendant did not yield to her before turning left.

DEFENDANT'S CONTENTIONS:
The defendant denied liability. He cross-claimed against plaintiff's daughter, claiming negligence. The defendant opined that following a green light, he entered the intersection and then stopped midway to wait for the passage of oncoming traffic. As he waited, his light turned yellow and then red. As he started to turn, he observed plaintiff's vehicle coming. Initially, plaintiff's vehicle was in the left lane. All of a sudden, plaintiff's vehicle moved to the right lane and entered the intersection on the red light.

Settlement Discussions

The plaintiff's demand was for $40,000. There was a C.C.P. Section 998 offer for $25,000, plus a waiver of the cross-complaint.

Specials in Evidence

Plaintiff claimed $12,810.

Damages

The plaintiff claimed an unspecified amount to cover pain and suffering. The defendant claimed $7,506 in property damage.

Injuries

The plaintiff fractured his third, fourth, fifth, sixth and seventh ribs. He underwent chiropractic treatment.

Result

The jury found against plaintiff on his claim. It found for defendant on his cross-complaint and awarded him $7,506 for property damage.

Other Information

The defendant was awarded costs totaling $10,301.

Deliberation

six hours

Poll

12-0

Length

four days