Facts

Plaintiff Linda Newton, a homemaker in her 50s, was driving her Ford Astrostar in Simi Valley. Just before she entered an intersection, she claimed she suddenly saw a vehicle from the corner of her left eye pulling out in front of her. She hit the passenger side of the truck with her left front fender and was forced into the curb. The impact blew out her right front tire. Plaintiff's vehicle was totaled.

PLAINTIFF'S CONTENTIONS:
The plaintiff sued defendant Raymond Lawrence, the owner and driver of the truck, alleging motor vehicle negligence and negligence per se. The plaintiff claimed that the defendant made an unsafe lane change in the intersection from the number two lane, the middle lane, to the number three lane, the outside curb lane, where she was driving.

An eyewitness for the plaintiff stated in a police report that he thought defendant was making a U-turn just before the accident. However, the eyewitness was precluded from mentioning a U-turn at trial because he did not actually see it and it was speculative evidence. Thus, the eyewitness testified only to hearing screeching tires and seeing the defendant move in front of the plaintiff.

According to plaintiff, Officer Robert A. Arabian interviewed witnesses at the scene and opined that defendant made an unsafe turning movement (V.C. Section 22107) which was the primary collision factor. However, Officer Arabian was precluded from testifying because he did not actually see the collision and it was deemed hearsay speculative evidence.

DEFENDANT'S CONTENTIONS:
The defendant denied liability and specifically denied making an unsafe lane change or a U-turn. He asserted that he was driving in the number three lane put on his turn signal and slowed down before he started the right turn into the gas station. He maintained he did not want to signal a right turn until after the intersection because he did not want to indicate he was turning right at the intersection.

The defendant presented evidence that the plaintiff left 94 feet of skid marks on the road, which he alleged showed she was speeding before she hit, him. The plaintiff disputed the length of the skid marks, which were noted in the police report and by the defense accident reconstruction expert.

Settlement Discussions

The plaintiff made a demand of $100,000 (policy limits); the defendant's offer was $30,000.

Injuries

The plaintiff did not report an injury at the time of accident, nor did she seek medical treatment immediately after. However, she complained to her doctor soon after about wrist pain and sought medical treatment. She was diagnosed with bilateral carpal tunnel syndrome and had surgery on both wrists. The plaintiff claimed the injury and surgeries were the results of the accident. She claimed further injuries to her neck for which she did not undergo treatment. The plaintiff requested $100,000 in medical expenses and for pain and suffering. The defendant presented the plaintiff's sisters, who testified that the plaintiff had complained numerous times before the accident, of arthritic-like pains in her wrists and trigger finger.

Result

The jury returned a defense verdict as to negligence.

Other Information

According to plaintiff, due to the jury's decision that defendant was not negligent, the issues of contributory negligence and damages were not considered.

Deliberation

one hour

Length

seven days