Facts

On May 8, 2003, at 8:28 a.m., plaintiff Ali K. Murguz was hit at 555 Overland Drive, while crossing the street by a truck driven by Ken Frederiksen. The truck was owned by the county of San Diego, and Frederiksen was on county business. Frederiksen got out the truck to inquire how Murguz was feeling and then left the scene without leaving his name or address. Murguz sued the county of San Diego.

DEFENDANT'S CONTENTIONS:
The county of San Diego contended that Murguz had parked his car along the west curb of Overland Drive and had run through the intersection of Overland and Farnham in order to report for a court-ordered work project by 8:30 am. Frederiksen, on county business, made a complete stop at the line for westbound Farnham but because vehicles and trees on the east curb obscured his view, he let the van slowly roll forward two feet to improve his view. Frederiksen saw Murguz running toward the stopped truck but because Murguz was carrying things, he was not looking where he was going. He collided with the front corner of the truck and fell to the ground. The county contended that Frederiksen exited the truck to check on Murguz, and Murguz told him several times that he was not hurt. Frederiksen then returned to the scene after he found the nearest available parking space but Murguz was gone. The county also contended that after the accident, Murguz was able to work the entire day repairing and servicing various types of equipment.

Injuries

Murguz alleged that he sustained extensive bodily injuries including injuries to his head, neck, left knee, right ankle and right elbow, plus slurring his words and feeling "strange."

Result

The jury found for the defense and awarded the county of San Diego $43,853.