Facts

On Aug. 24, 2005, plaintiff/cross-defendant Ryan Meckfessel was driving a Ducati motorcycle when he collided with a Chevy Blazer driven by defendant/cross-complainant Leslie D. Paladini. The accident occurred approximately 100 feet from the intersection of 4th and Folsom Street in San Francisco. Both vehicles ended up on the sidewalk portion of the driveway leading to a 76 Gas Station, located at the intersection. The portion of Folsom Street where the accident occurred travels one-way, eastbound. There are four lanes of travel and a parking lane on each side of the street.

Plaintiff alleged that he was driving in the number one lane, which is closest to the northern sidewalk when defendant, who was driving in the number two lane, cut across his lane in a last minute attempt to enter the gas station. Defendant alleged that she pulled into the gas station from the number two lane when she was struck by plaintiff who was traveling at over 20 mph on the sidewalk.

Settlement Discussions

Plaintiff Ryan Meckfessel served defendant with an offer to compromise pursuant to CCP section 998 for $15,000. Defendant rejected this offer and instead served her own offer to compromise plaintiff's claims under CCP 998 for $7,500. The parties participated in the following formal settlement conferences: Bar Association of San Francisco's Early Settlement Program, Court Settlement Conference – Hon. David L. Ballati, Court Settlement Conference – Hon. Patrick J. Mahoney, Court Settlement Conference – Hon. John E. Munter.

Injuries

Plaintiff presented evidence at trial that the accident had led to his having a concussion and a variety of symptoms, including memory loss, referred to as post-concussive syndrome. Additionally, plaintiff claimed multiple bodily injuries including lower back for which he received physical therapy. Defendant claimed that plaintiff's injuries were minor, that the medical treatment was insignificant, and that plaintiff must have suffered some subsequent injury because of a gap in physical therapy treatment. As a cross-defendant, Paladini claimed that she suffered injuries to her left knee and back and requested damages from the jury.

Result

Jury verdict for $35,546 ($16,125 lost earnings; $16,421 medical; $3,000 property damage). The court later increased the judgment by $25,000 in general damages awarded to plaintiff Ryan Meckfessel. The jury reached a unanimous decision that defendant Paladini was negligent and the primary cause of the accident. The jury found that plaintiff was negligent by that such negligence was not a substantial factor. The jury unanimously rejected all claims and requests for damages under Leslie D. Paladini's cross-complaint.