Facts

Plaintiff Matthew Shapiro was driving on a one-way road in downtown San Diego on a Honda Motorcycle. Defendant Mary Catherine Carden was driving a Ford Edge waiting to pull out of a shopping center onto a one way road. Plaintiff was coming to a stop at an intersection and defendant pulled out of the driveway and crashed into plaintiff's bike. Plaintiff fell off the motorcycle and testimony was that he landed on his left shoulder. He ended up riding his motorcycle home.

PLAINTIFF'S CONTENTIONS: Plaintiff argued that defendant caused all of his injuries to the shoulder and knees.

DEFENDANT'S CONTENTIONS: Defendant argued that they were not at fault and acted reasonably. Defendant creeped out of the driveway and just barely stepped off her brakes before getting hit. She testified that she looked to the right and didn't see the motorcyclist because there was a line of cars parked on the side of the street. Defendant also argued the impact was low speed at 1-3mph and the motorcycle had minimal to no damage to the bike. Defense argued that if they were found at fault, they were responsible for the 1st shoulder surgery, but not the second shoulder surgery because the client did not follow post-operative protocol. Medical records showed multiple notations where the treating doctor stated the Plaintiff was overly exerting himself and overly aggressive after his surgery. Notations of Plaintiff riding his motorcycle after his first shoulder surgery and engaging in aggressive therapy were all pulled out through the treating doctor.

Insurer

Sompo Japan Insurance Company of America

Settlement Discussions

Plaintiff made a CCP 998 demand of $ 1 million. Defense offered $150,000 at mediation Defense offered $250,000 on the day of trial

Specials in Evidence

Future Meds: Plaintiff's argued for $425,000 in future meds.

Injuries

Plaintiff went to the ER later that night complaining of shoulder pain. Plaintiff saw his primary care doctor later and then saw an Ortho who ordered a left shoulder MRI and they found a torn labrum. Plaintiff received shoulder surgery about six months later. Seven months after the crash he also complained of double knee pain for the first time. MRI imaging revealed meniscus tears to both knees. Plaintiff ended up having double knee surgery for a torn meniscus and then also received another revision shoulder surgery because of remaining shoulder pain after his first surgery.

Result

Verdict for $2,669,400.

Deliberation

1 1/4 days

Length

six days