Facts

The accident occurred on Sept. 12, 2003. Plaintiff Valentina Zargaryan, 11, was crossing midblock outside a marked or unmarked crosswalk on Western Avenue between Glenoaks and Glenwood in Glendale during morning rush hour traffic. The accident occurred as Valentina returned to her father's car parked on Western. She had told her father Rafik Zargaryan, that she had forgotten a school project as they left the driveway of their apartment. Mr. Zargaryan parked his car along the northbound side of Western Avenue while she ran back to the apartment to pick up the project. She was able to cross the street without a problem. She picked up her project and was returning to the car.

As she crossed Western from the east to the west, "speedwalking" as she described it, she was struck by Mr. Cragnotti driving a pickup truck with the right corner of his truck as he was proceeding north on Western Avenue at about 25 mph in a 25 mph zone. Valentina was struck with such force that she was thrown out of her shoes and landed approximately 20 feet from the point of impact landing on the curb of Western Avenue near her father's stopped car.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Mr. Cragnotti was negligent because he was driving too fast for conditions and inattentive. This is based on the testimony of the father and a witness who testified that Mr. Cragnotti was speeding.

DEFENDANT'S CONTENTIONS:
Defendant contended that he had the right of way, was driving in a safe, prudent manner and Valentina ran into the street directly in his path. The father was also negligent because he did not properly supervise his daughter when she crossed the street.

Settlement Discussions

Plaintiff demanded $100,000 policy limit. Defendant offered $50,000.

Specials in Evidence

$77,000; $50,000.

Damages

Multiple fractures of right tibia/fibula and fractured pelvis. Fracture of the right wrist, elbow and deep bruises to right side. Plaintiff has one inch shortening of leg.

Result

Defense verdict.

Other Information

Plaintiff's Motion for New Trial denied on Feb. 2, 2007. Plaintiff Rafik Zargaryan dismissed his emotional distress case on the first day of trial. According to counsel for plaintiff, declarations provided by jury members indicated there was discrimination against Armenians in the jury room, and there were discrepancies in the foreperson's voir dire assersions.

Deliberation

two hours

Poll

9-3

Length

five days