This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Auto v. Motorcycle
Left Turn Collision

Kimoto v. Hernandez

Published: May 30, 1998 | Result Date: Apr. 7, 1998 | Filing Date: Jan. 1, 1900 |

Case number: BC164143 Verdict –  $9,253

Judge

Ricardo A. Torres

Court

L.A. Superior Central


Attorneys

Plaintiff

Paul T. Suzuki
(ADR Services, Inc.)


Defendant

Mark D. Kaufman


Experts

Plaintiff

Richard P. Pollis
(medical)

Kazumitsu Nakajima
(medical)

Defendant

Jeffrey I. Korchek
(medical)

Facts

On July 19, 1996, plaintiff Nobuaki Kimoto, was driving his motorcycle. The defendant was traveling southbound on Grand in the No. 1 lane, made a left turn and collided with the plaintiff who was driving through the intersection. The plaintiff brought this action against the defendant based on a negligence theory of recovery. The plaintiff contended the defendant turned left when the plaintiff had a green light. The defendant contended the defendant turned left when plaintiff had a red light.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $17,999. The defendant made a C.C.P. º998 offer of compromise for $16,001.

Specials in Evidence

$9,243

Damages

The plaintiff claimed damages for $717 for motorcycle gear; $85 for towing; $10,500 for loss of use and $600 for unpaid property damage.

Injuries

The plaintiff suffered soft tissue injuries to his neck, upper and lower back, left forearm, right shoulder, right hip, left and right knees and right shin. He also claimed injury to his head and continuous headaches. He claimed residual headaches, neck pain, back pain, left rib pain and right shoulder pain.

Other Information

The verdict was reached approximately one year and four months after the case was filed. ARBITRATION: A non-binding arbitration was held on Aug. 27, 1997, before attorney Glen E. Tucker, resulting in an award to plaintiff of $18,152.84 plus costs. The defendant filed a trial de novo.

Poll

10-2; Comparative liability: 40 percent (plaintiff), 60 percent (defendant)

Length

five days


#80029

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390