Facts

Kathryn Scudder sued Steven Johnson, in connection with an incident that allegedly occurred on April 19, 2013 at around 12:30 p.m.

PLAINTIFF'S CONTENTIONS:
Plaintiff was standing on the street trying to tail a cab when he was struck from behind by defendant's pickup truck as defendant was reversing. The force of impact caused plaintiff to fall forward on her hands and knees. Plaintiff was injured as a result and sued defendant for negligence.

DEFENDANT'S CONTENTIONS:
Defendant claimed he never saw her even though he checked his mirrors and his truck was equipped with a backup camera and sensors. Defendant also claimed that plaintiff was negligent for standing on the street. Defendant also disputed the extent of plaintiff's injuries and claimed damages. Defendant claimed that her back issues were degenerative and unrelated to the incident.

Settlement Discussions

Scudder made a CCP 998 demand of $400,000, which Johnson countered with a CCP 998 offer of $240,000.

Damages

Scudder, who was a former marathoner, claimed she could no longer run as a result of her condition. Further, she claimed she would need surgery in the future. She sought between $125,000 and $200,000 in future medical expenses and between $23,000 and $53,000 in lost income. Overall, Scudder sought between $2,017,876 and $2,115,876 in total damages.

Injuries

Scudder fractured the right, dominant arm. She also suffered from back pain that radiated to her left leg and foot.

Result

The jury found Johnson 90 percent at fault and Scudder 10 percent at fault. It determined Scudder's damages totaled $101,900, which, after apportionment, was reduced to $91,710. The total damages consisted of $41,900 for past economic loss and $60,000 for past noneconomic loss.

Other Information

FILING DATE: Dec. 31, 2014.