Facts

Charles Bracy sued Kayvon Salafian relating to an auto accident.

PLAINTIFF'S CONTENTIONS:
Bracy, a 54-year-old longshoreman, claimed that he and Salafian were both driving in their respective vehicles, traveling in the same direction. Bracy went through an intersection and was struck by Salafian's vehicle after Salafian tried to make a left U-turn from the bus lane located on the right side of the road. Bracy claimed that the crash aggravated a pre-existing sprain to his knee that he suffered while at work. He claimed that the injury caused him to miss four to five months of work. Following the accident, Bracy went to physical therapy and two doctors' visits. He sued Salafain, alleging that he negligently operated his vehicle.

DEFENDANT'S CONTENTIONS:
Salafian argued that Bracy's injuries were caused by his earlier work injury. Even if they were caused by the accident with Salafian, he argued that it should only have caused Bracy to miss a short amount of time from work.

Settlement Discussions

Plaintiff made a $50,000 policy limit demand and defendant made a CCP 998 offer of $25,001.

Damages

Bracy sought between $50,000 and $100,000 to cover his lost wages, past medical costs, and pain and suffering.

Result

The jury found that Salafian's negligence was a substantial factor in causing harm to Bracy and awarded him $28,300 in total damages. This included $3,300 for medical expenses, $20,000 for past wage loss, and $5,000 for past non-economic loss.

Other Information

Bracy was awarded $6,800 in costs post-trial.

Deliberation

two days

Poll

12-0 (causation and damages), 9-3 (special damages), 9-3 (pain and suffering)

Length

five days