Facts

On Oct. 25, 2011, plaintiff Demetrius Caldwell was riding his motorcycle southbound on Lincoln Ave. in Pasadena, when it collided with a van, owned by Access Services, and being driven by defendant Christopher Sanford Grant, who was driving eastbound on Toolen Pl.

Plaintiff sued Grant, his employer San Gabriel Transit Inc., and Access Services.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that he was traveling 30 mph, in a posted 35 mph speed limit, when Grant pulled into the intersection. Plaintiff contended that he began braking 120-100 feet away but did not stop because he assumed the van would continue through the intersection and struck the front of the van at 25 mph.

DEFENDANT'S CONTENTIONS:
Defendant contended that as soon as he pulled into the intersection, plaintiff was coming out of the Montana St. intersection, which he estimated was approximately 300 feet north of Toolen, in excess of 50 mph. Defendant claimed he stopped to turn left and head northbound on Lincoln, but plaintiff then entered the intersection of Lincoln Ave. and did not appear to slow down and struck the front of the van.

Settlement Discussions

After mediation, plaintiff served a statutory demand for the policy limits of $1 million and defendants served a statutory offer of $301,000. On Feb. 19, 2014, plaintiff lowered the demand to $400,000; raised to $1 million on Feb. 23; and to $1.75 million on Feb. 27.

Specials in Evidence

$210,262 $35,000 none

Injuries

Plaintiff suffered injury to the right tibia resulting in near amputation. During the eight surgeries over two years, hardware was implanted and removed and there was a slight infection. After two years, plaintiff was left with a slight limp and would need over-the-counter pain medications.

Result

The jury found in favor of the plaintiff and awarded him $845,262, as follows: $35,000 in lost earnings; $210,262 in medical costs; $250,000 in past noneconomic loss, including physical pain/mental suffering; and $350,000 in future noneconomic loss. The jury also found Caldwell 30 percent comparatively negligent, and his total award was reduced to $591,683.

Deliberation

3.5 hours

Poll

9-3 (Grant’s negligence), 12-0 (Caldwell’s negligence)

Length

six days