Yan M. Chen v. Yim N. Der Louie
Published: May 24, 2008 | Result Date: Mar. 14, 2008 | Filing Date: Jan. 1, 1900 |Case number: RG05218850 Verdict – Defense
Facts
In November 2004, plaintiff Yan Chen was walking within a crosswalk in Alameda; the cross-streets were Park Street and Clinton Avenue. Defendant Yim Louie suddenly ran over her foot with his vehicle. Plaintiff sued, alleging negligent operation of a motor vehicle and failure to yield the right of way to a pedestrian in the crosswalk. The defendant opined he was driving only 2-3 mph and did not see plaintiff until the accident occurred. According to eyewitness accounts, plaintiff was running across the street.
Specials in Evidence
Plaintiff claimed $37,500. Plaintiff, who was making $2,500 per month prior to the accident, claimed she lost one year of earnings for $30,000 as a result of her injuries. Plaintiff claimed $15,000.
Damages
The plaintiff's total claimed damages, including pain and suffering, was $276,000.
Injuries
The plaintiff sustained a degloving injury to her right foot, in addition to suffering a fracture and a dorsiflexion deformity to the big toe. As a result, she underwent surgery and physical therapy, and claimed she would need future surgery to correct the dorsiflexion deformity of her big toe.
Result
The jury determined defendant was not negligent and found in his favor.
Deliberation
1.5 days
Poll
9-3
Length
five days
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