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Personal Injury
Auto v. Pedestrian
Freeway Accident

Matthew Evan Stream v. Kim Chau Thi Do

Published: Mar. 16, 2004 | Result Date: Jan. 30, 2004 | Filing Date: Jan. 1, 1900 |

Case number: 02C01847 Verdict –  $14,271

Judge

Marc D. Lauper

Court

L.A. Superior Pomona


Attorneys

Plaintiff

David D. Werner


Defendant

Robert J. Hendricks


Facts

On June 2, 2002, just prior to the subject accident, a separate accident had already taken place. The previous accident left a vehicle overturned in the middle lanes of the eastbound I-10 Freeway. When the plaintiff and his friends arrived on the scene of the accident, they stopped to assist the other people who had already stopped at the scene of the accident. Because police and medical personnel had not yet arrived, they were concerned for the welfare of the driver of the overturned vehicle. After failing to find anyone in the overturned vehicle, the plaintiff and his friends began to search the area for the driver of the overturned vehicle, who they feared might be severely injured. As the plaintiff was walking across the road towards the center divider of the freeway, he suddenly heard a warning shouted at him to "look out!" the plaintiff turned and immediately saw a set of headlights heading towards him, and he instinctively tried to jump away from the fast approaching headlights. The plaintiff was not quick enough, however, and the defendant's car clipped him, causing him to be thrown into the air, after which his head hit the windshield of the defendant's car. The speed of the car and the force of the impact was such that the plaintiff was thrown off the defendant's car and over the head of his friend who was standing nearby, and onto another car that was parked on the side of the freeway.

Specials in Evidence

$6,835 $463

Injuries

The plaintiff suffered a concussion, accompanied by a loss of consciouness, as well as injuries to his legs. He has also endured pain and suffering as a result of his injuries, including bruisng and scalp lacerations with embedded glass.

Other Information

PLEASE PROVIDE THE NAME OF THE JUDGE

Deliberation

three hours

Poll

12-0

Length

five days


#125792

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