Facts

As plaintiff Daniel Davis was exiting the I-5 freeway on June 13, 2007, his motorcycle was struck by a vehicle being driven by defendant Tamara Hurwitz. Davis was a Sergeant in the Elk Grove Police Dept. in Sacramento and he was on-duty at the time the accident took place.

Davis sued Hurwitz for negligence.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that he was unable to stop in time and had to lay the bike down just before the two hit. Plaintiff further claimed that Hurwitz was on her cell phone at the time of the collision. Plaintiff also contended that his prior injury to his left knee suffered in 2002 was 95 percent healed after the 2005 surgery, but that the accident caused another meniscal tear.

DEFENDANT'S CONTENTIONS:
Hurwitz admitted liability. Defendant contended that she saw plaintiff come from between two cars. The defendant's experts testified that plaintiff's left knee was not injured as a result of the accident and was, instead, the result of degenerative changes due to his prior two surgeries.

Specials in Evidence

$13,000 $120,000 for future knee replacement.

Damages

$270,000

Injuries

Davis suffered injuries to his back, heel, neck, ribs, and a torn lateral and medial menisci. Evidence at trial proved that Davis suffered from a prior torn meniscus in his left knee in 2002 and underwent surgery in 2003 and 2005. As a result of this accident, Davis had to undergo arthroscopic surgery in March 2008.

Result

The jury awarded a verdict for $5,642 for injuries to plaintiff's neck, back, and ribs to cover medical bills, including pain and suffering. The jury did not award damages for injuries to plaintiff's left knee.

Deliberation

4.5 hours

Poll

12-0

Length

10 days