Facts

Defendant Eve Fineman rolled her vehicle's rear tire over plaintiff Henry Bittmann's ankle as he was entering the car. They had been friends for many years. Bittmann sustained a minimally displaced fracture of the fibula and a wound on his ankle. Due to pre-existing diabetes, the wound presented risk of serious complication. The wound and ankle healed without residual, except for a small scar on the ankle, within approximately three months. Bittmann developed pain in his left knee about five months after the accident, which was determined to be caused by degenerative condition in his knee.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the knee pain was caused by an aggravation of his previously asymptomatic arthritic condition in the knee.

DEFENDANT'S CONTENTIONS:
The defendant claimed that knee pain was unrelated to the accident.

Settlement Discussions

The plaintiff's final demand was $50,000. The defendant's final offer was $40,786 by way of C.C.P. section 998. Plaintiff's C.C.P. section 998 offer was for $75,000.

Injuries

The plaintiff suffered minimally displaced fracture, wound on ankle and aggravated arthritis.

Result

Verdict for $41,636 ($4,636 for economic damage for incidental loss of use; $25,000 past general damages for the ankle and wound; $12,000 for six years future general damages for knee pain from aggravated arthritis).

Other Information

Plaintiff's wife settled her claim for NIED (Dillon v. Legg) for $5,000 based on witnessing her husband's foot being run over, as well as loss of consortium. The plaintiff will file a memorandum of costs. FILING DATE: June 19, 2007.

Deliberation

2.5 hours

Poll

12-0 (negligence and causation), 2-10 (no comparative fault found)

Length

four days