Barkley v. Zarkoff Services, et. al.
Published: Aug. 13, 2002 | Result Date: May 20, 2002 | Filing Date: Jan. 1, 1900 |Case number: 01K09710 Verdict – $2,340
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Joseph A. Faccone Jr.
(McElfish Law Firm)
Defendant
Jeff I. Braun
(McNeil, Tropp & Braun LLP)
Experts
Plaintiff
Bob Binafard
(technical)
Defendant
Thomas F. Fugger Jr., P.E.
(technical)
Facts
This suit arises from an automobile versus garbage truck collision that occurred at approximately 5.30 a.m. on
June 21, 2000, at the intersection of 11th and Figueroa in Los Angeles.
The accident occurred on the day of the Laker's 2000 Championship Victory Parade.
The intersection of 11th and Figueroa is the southeast corner of the Staples Center where the victory parade
was to conclude. The accident occurred when Mr. Jose Luna, a driver employed by the defendant, began to
make a right turn onto Figueroa from the # 3 of four northbound lanes.
The # 3 lane is a straight only lane.
The reason that Mr. Luna decided to turn from this lane was because, due to the parade, northbound 11th Street
was closed beyond Figueroa.
Unbeknownst to Mr. Luna, the plaintiff, Ana Maria Barkley, was preparing to make a right turn from the # 4
of four northbound lanes. The # 4 lane is a right turn only lane.
Before deciding to make a right turn, Mr. Luna felt his large truck begin to rock back and forth as the fans
pushed it from the side.
Mr. Luna testified that he feared for his safety in light of what had transpired two nights earlier when the
Lakers had won the first of three consecutive championships.
After the signal turned to green, Mr. Luna executed his right turn, but, while doing so, the
truck came into contact with the car driven by the plaintiff.
Settlement Discussions
The defendants submitted a CCP Section 998 Offer of $6,500. The plaintiff's prior demand was $10,000.
Specials in Evidence
$6,000 (medical and chiropractic)
Injuries
Soft tissue to the neck and back.
Result
PLEASE PROVIDE US THE CITY OF LOCALE FOR EXPERT: Bob Binafard.
Other Information
The jury concluded that the defendant's employer was negligent and that this negligence was the cause of the plaintiff's injury. However, it was concluded that Mr. Luna was only 60 percent at fault and that the parade crowd was 40 percent responsible. The jury awarded the plaintiff medical specials in the sum of $2,150 and also damages for pain and suffering of $1,750 for a gross award of $3,900. The judge then reduced the award by 40 percent, resulting in a verdict in the plaintiff's favor for $2,340.
Deliberation
one day
Poll
12-0 (negligence); 9-3 (apportionment of fault); 10-2 (damages)
Length
four days
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