Facts

On Feb. 16, 2006, plaintiff Jon Peterson was on his bike, riding in the bicycle lane located along the Almaden Expressway in San Jose. Almaden Expressway contained crossing intersections. As plaintiff was passing the roadway entrance to Almaden right before its intersection with Trinidad Drive, defendant Glenn Smith's vehicle struck plaintiff on the right side.

Plaintiff filed suit alleging motor vehicle negligence.

PLAINTIFF'S CONTENTIONS:
Plaintiff's accident reconstruction expert testified that plaintiff's speed was approximately 10-15 mph.

DEFENDANT'S CONTENTIONS:
Defendant claimed that he did not see plaintiff before the accident, stating that as he was maneuvering the curvy road that lead onto Almaden, the glare of the sun blinded his vision. Defendant further contended that plaintiff should have exercised more caution while riding in the midst of converging lanes and should have rode along the right shoulder until the bike lane resumed after the intersection.

Settlement Discussions

Plaintiff demanded $250,000 policy limits (C.C.P. 998) and defendant offered $93,500 (C.C.P. 998).

Specials in Evidence

$14,284 (past) $50,148 (past); $6,756 (future)

Damages

Total claimed: $196,088, including $24,000 (past pain and suffering), $100,000 (future pain and suffering), and $900 for the cost of his bicycle.

Injuries

Plaintiff claimed a compressed vertebrae fracture at L-3.

Result

Jury found that defendant was 80 percent negligent and that plaintiff was 20 percent negligent. Thus, the jury awarded $196,088 and after calculating comparative negligence, the final amount was $156,870.40.

Other Information

Post trial: Court awarded $4,239.22 (costs) plus $266.22 interest. Defendant's insurer was State Farm.

Deliberation

three hours

Length

six days