Facts

On June 16, 2005, plaintiff Laurie Summerville, 40, was riding her bike southbound, opposing traffic, on Beach Boulevard in Anaheim, California. Summerville was not on the sidewalk when the vehicle of defendant Debi Young, who was making a right turn heading northbound on Beach Boulevard, struck her. The impact caused Summerville to be knocked off her bike.

Summerville was transported by ambulance to West Anaheim Medical Center.

PLAINTIFF'S CONTENTIONS:
Summerville contended that Young was negligently driving her vehicle by failing to check and stop before entering Beach Boulevard.

DEFENDANT'S CONTENTIONS:
Young countered that she entered the roadway slowly and her view was blocked by a parked van. Despite the obstruction, Young stated that she was not negligent in her driving and acted as any driver would have in that situation.

Settlement Discussions

Summerville made a CCP 998 offer of settlement for $25,000, which Young countered with $1,000.

Damages

Summerville sought damages in the amount of $13,309 for past medical expenses, $2,300 for past lost earnings, plus unspecified damages for pain and suffering.

Injuries

Summerville suffered injuries to her left knee as well as pain in her ankle, back, neck, and shoulder. After discharge from the hospital, she underwent three months of physical therapy and missed two months of work.

Result

The jury found for the defense, specifically, that defendant was negligent but did not cause plaintiff's harm. Thus, no damages were awarded. Costs in the amount of $2,877.86 were awarded post-verdict.

Other Information

Insurer: State Farm for Young.

Deliberation

two hours

Length

three days