Facts

Dillon Martin was skateboarding on the west shoulder of the southbound lane of Route 273. He was struck by a pickup truck operated by Robin Kirk, who had been attempting to make a right turn. The right side view mirror of Kirk's truck struck Martin in the face. Martin sued Kirk for motor vehicle negligence.

PLAINTIFF'S CONTENTIONS:
Martin claimed to have been legally on the paved shoulder, and even if in the roadway, it was legal as he was a pedestrian. Martin contended Kirk had failed to see him before making his turn.

DEFENDANT'S CONTENTIONS:
Kirk claimed that Martin had been illegally in the roadway and he had no expectation that someone would be in the roadway. Witnesses also claimed to have seen Martin skateboarding in the middle of the lane prior to the collision.

Damages

Martin's past medical bills were $60,000, however, the judge only allowed evidence of payment by MediCal of $18,000.

Injuries

Martin spent three days in the Intensive Care Unit for a suspected lacerated spleen. However, no surgery was performed and no further problem with the spleen was found. Martin was released from the hospital with four missing teeth and a soft-tissue injury to his neck. Martin needed implants to replace his lost teeth.

Result

The jury found Kirk 70 percent liable and Martin 30 percent liable. Thus, based on comparative liability offset, Martin would recover $42,000.

Deliberation

two days

Poll

12-0 (liability)

Length

three days