Facts

Plaintiff Art Engelsman, a self-employed artistic masonry and tile layer, was on the way to a job driving his 1988 Chevy truck when defendant Frank Sano attempted to make a left turn into a private driveway on Pacific Coast Highway in San Clemente. Sano, who was driving a 2006 Hyundai, nearly completed the left turn but was struck on the side-rear by Engelsman. Engelsman filed suit against Sano.

DEFENDANT'S CONTENTIONS:
Sano contended that Engelsman was comparatively negligent; that the plaintiff was speeding and could have avoided the collision; that the property damage was modest; and that it was a low-impact case. The police did not take a report. The ambulance was not called and there was no emergency room visit. Any surgery work was largely related to his age, degenerative joint disease and the nature of his work.

Specials in Evidence

$83,460 $13,000.

Damages

The damage to Engelsman's truck was $1,880. He lost several job opportunities, as a result of the damage.

Injuries

Engelsman claimed injuries to his neck, right shoulder, back, pain to arms and hands. Engelsman underwent surgery for his injuries.

Result

The case settled at mediation for $175,000.

Other Information

FILING DATE: Feb. 5, 2009.