Facts

Robert Armstrong was riding his mountain bike northbound on Alabama Street in San Francisco when he observed a car operated by Frank Castaldini turn left onto northbound Alabama Street. Armstrong attempted to pass Castaldini's vehicle on the left when, at the same time, Castaldini attempted to turn into a parking spot on the southbound side of the street. As a result, Castaldini struck Armstrong's bike ejecting Armstrong. Armstrong sued Castaldini for negligence.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Defendant stopped on the street with his brakes engaged, but did not signal his intention to turn. Plaintiff further contended that Defendant violated the vehicle code when Defendant attempted to turn over a double-yellow line to take the vacant parking spot on the opposite side of the street.

DEFENDANT'S CONTENTIONS:
Defendant contended that he was not liable for the accident and that Plaintiff was solely at fault for his injuries because Plaintiff illegally attempted to pass him on the left by crossing the double-yellow divider and into the lane of oncoming traffic. However, Defendant admitted that he did not look behind him prior to the accident and did not see Plaintiff attempting to pass him on the left.

Damages

Armstrong, who was a painter, claimed he lost approximately $11,395 in painting sales due to the accident. He also had a medical bill lien of $165,212.

Injuries

Armstrong sustained fractures to his right leg and back. He also suffered several soft-tissue injuries. He underwent two surgeries on his leg, and was homebound for approximately six months. He continued to experience pain, swelling, and numbing in his right leg as well as stiffness in his back. He continued to experience discomfort and fatigue thereby limiting his normal daily activities.

Result

The jury found Castaldini liable and awarded Armstrong $177,516 in total damages. However, the jury also found Armstrong 50 percent comparatively liable, thereby reducing his award to $88,758.