Facts

On Aug. 31, 2010, at 6:55 p.m., plaintiff David Lewis, 56, was riding his motorcycle when he collided head-on with an unmarked undercover police truck operated by San Jose Police Officer Theodore Davis. Davis was attempting to make a left turn into a parking lot while conducting surveillance on a suspect at the time. Lewis was knocked off his motorcycle and suffered injuries as a result thereof.

Lewis, who was a law enforcement teacher and retired public safety officer, sued the San Jose Police Department and the City of San Jose for Davis' negligence and vicarious liability.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the officer did not signal when he attempted to make a left turn, and failed to yield the right of way. Plaintiff also contended that the officer was using a communication device while making the turn.

Settlement Discussions

Plaintiff made a CCP 998 demand of $599,999.

Damages

Lewis missed time from work and other work opportunities. He stipulated to $98,048 in past medical costs, and asked the jury to award him $67,446 for future medical costs; $48,869 for past lost earnings; $99,000 to $200,000 for future lost earnings; $875 for past gardening expenses; $15,000 for future gardening expenses; $250,000 for past pain and suffering; and $821,253 for future pain and suffering. Defendants disputed the amount of damages claimed by Lewis.

Injuries

Lewis was propelled over the front hood of Davis' truck and claimed injuries to his right elbow and wrist. He also suffered multiple body contusions. He was taken to an emergency room by ambulance. He sustained fractures to his elbow and right wrist. He underwent surgery on his elbow and wrist then followed up with 10 months of physical therapy. He was eventually diagnosed with an Essex-Lopresti injury to his right arm and underwent a second surgery. The outcome of the surgery remained unknown and he continued to suffer from ongoing pain and significant range of motion limitations.

Result

Defendants admitted that Davis was negligent while in the course and scope of his employment, and that it was Davis' negligence that caused the accident. Defendants, however, argued that Lewis was comparatively at fault for being inattentive on his motorcycle. The jury awarded Lewis $606,583 in total damages, which included $150,000 in past pain and suffering; $250,000 in future pain and suffering; $139,202 in past economic damages; and $67,382 in future economic damages. In a unanimous vote, the jury decided there was no comparative negligence on the part of Plaintiff.

Deliberation

two hours

Length

four days