Facts

On July 12, 2006, plaintiff Richard Lee was eastbound on Romaine Street, in Hollywood. He had a stop sign. A police vehicle, driven by defendant Officer Jerome Ealy Jr. and occupied by defendant Officer Hugo Garcia, employees of the defendant city of Los Angeles, was traveling southbound on Wilcox. The two vehicles collided. Lee filed suit against the city, Ealy, and Garcia. Lee also filed suit against the abutting landowner.

PLAINTIFF'S CONTENTIONS:
Lee claimed that the officers negligently caused the accident. Lee contended that, while heading eastbound on Romaine, he stopped at the stop sign at the intersection of Romaine and Wilcox. Lee further contended that, as he pulled away from the intersection, his car was struck on the driver's side by the police vehicle. Lee disputed the defense's claim that the officers were traveling Code 3, with their lights and siren on. Lee contended that, even if they were traveling Code 3, the vehicle was traveling in excess of the speed limit for the residential neighborhood, at an unsafe speed, and without exercising due care for the area. Ealy admitted that he was driving 35 miles per hour in a 25 miles per hour zone. Lee's accident reconstruction showed the police vehicle was traveling in excess of 45 miles per hour. Although Vehicle Code section 21055 provides the police with an exemption to obey speed limits, section 21056 provides that even if officers are traveling Code 3, they must still exercise due care. Lee claimed that Ealy was driving too fast for the existing conditions and without due care for the neighborhood, other vehicles, and pedestrians. Lee contended that both officers had a duty to "clear" the intersection before proceeding southbound through the Wilcox/Romaine intersection.

With respect to his claim against the landowner, Lee contended that the landowner's failure to trim the hedges obstructed his view of the police vehicle.

DEFENDANT'S CONTENTIONS:
The defense claimed that the officers were not negligent and were traveling Code 3, with their lights and siren on, in response to an "officer needs assistance" call. The defense claimed that Lee did not stop at the stop sign. The officers further claimed that they were exempt from liability, under section 21055, and that they exercised due care.

Injuries

Lee was rendered unconscious, suffered a 20x10 avulsion laceration to his left forehead and a fracture of the odontoid bone at C6/7. Lee was treated at Cedars Sinai Medical Center where the laceration was sutured and the fracture was repaired. Lee is a commercial actor and was off of work for approximately six months.

Result

The jury found that Lee was 45 percent at fault, Ealy 45 percent at fault, and Garcia 10 percent at fault. The jury found that both Ealy and Garcia had the affirmative duty to clear the intersection. The jury returned a verdict for $260,277 in medical costs, $30,000 in lost income, $50,000 in pain and suffering, for a total of $340,227. The net verdict was $187,124, plus $10,691 in costs. The landowner was dismissed for a waiver of costs, during trial.

Other Information

Case filed: Aug. 30, 2007.