Facts

On Dec. 6, 2004, plaintiff John Fuller, a 54-year-old biochemist, was cycling home after work at 5:30 p.m. Plaintiff was cycling northbound on Gilman Street in the bike lane. Defendant Masae Goldman, driving a 2001 Toyota Sienna owned by Steven Goldman, was traveling southbound on Gilman and stopped at the 4-way stop intersection of Santa Fe Street and Gilman to make a left turn. When defendant made a left turn, she hit plaintiff with the front of her car. Plaintiff was taken to a hospital from the scene of the accident and had surgery four days later.

PLAINTIFF'S CONTENTIONS:
The plaintiff sued defendant. He alleged that after coming to a complete stop to wait for cross traffic, both he and defendant entered the intersection at the same time, thus defendant was required to yield as she was the left-turning vehicle. Plaintiff stated there were sufficient street and vehicle lights to illuminate him.

DEFENDANT'S CONTENTIONS:
The defendant argued that plaintiff had no reflectors on his person or his bicycle, was wearing dark clothing, and therefore defendant could not see him.

Damages

The plaintiff sought $49,370 in medical expenses and $12,000 in lost wages.

Injuries

The plaintiff suffered a fractured tibial plateau and fractured fibula of the left leg. He had an open reduction and internal fixation surgery soon after the accident. He underwent physical therapy for three months.

Result

The jury found defendant to be 26 percent at fault and plaintiff 74 percent at fault. Plaintiff was awarded $61,370 for past economic losses, $50,000 past non-economic losses, and $5,000 in future non-economic losses. The award was reduced, according to fault, to $20,958.