Facts

Defendant William Lacey was driving his Porsche southbound on Lincoln midblock between Maxella and Washington in Los Angeles. Plaintiff Jonathan Switzer, age 54, crossed on Lincoln midblock not in a crosswalk and his left heel was crushed by the Porsche.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the Porsche moved out from backed up traffic from the number two lane, into the number three lane and hit his left heel as he was about to step up on the curb.

DEFENDANT'S CONTENTIONS:
Defendant contended that he was already in the number three lane slowing for stopped traffic when plaintiff suddenly darted out from stopped cars to his left and the driver's side wheel or tire of his car struck the plaintiff's heel. Defendant claimed that plaintiff never crossed in front of his car.

Settlement Discussions

Plaintiff indicated at trial he wanted $450,000. No formal demand was made. Defendant made a CCP 998 offer of $250,000.

Specials in Evidence

$41,599 $415,000 none $294,800

Injuries

Plaintiff suffered comminuted left calcaneus fracture. Plaintiff also claimed that the accident caused a 3-4 millimeter disc protrusion on his lower back with nerve root involvement, injury to his neck with radiculopathy down his right arm and nerve damage resulting in impotence (disputed).

Result

Defense verdict.

Other Information

Plaintiff, who was a naturopathic doctor claiming significant wage loss, was impeached with his bankruptcy filing indicating no employment and no earnings before the accident. There was also testimony about significant use of strong prescription narcotics for a long period of time after the accident and some use before and at the time of the accident. Plaintiff would not consider any settlement offers and was living on the streets off and on after the accident. He committed suicide two weeks after the verdict. FILING DATE: Nov. 17, 2008.

Deliberation

six hours

Poll

12-0

Length

eight days