Facts

On a Saturday evening on April 9, 2005, 6:45 p.m., plaintiff Philip Gilberti, a 30-year-old graduate student, was crossing a mid-block crosswalk on Sunset Blvd in the Sunset Plaza area of West Hollywood. A witness (who was called to trial by plaintiff) stopped in the curb lane to allow plaintiff to cross in front of him. Defendant Peter Allen, a jeweler in his early 20's, was in the number one lane and didn't see plaintiff in sufficient time to avoid braking and skidding into the crosswalk. The right front of the defendant's 1988 BMW struck the left leg of plaintiff, who then fell to the ground. He was taken by paramedics to Cedar Sinai Medical Center. Plaintiff sued defendant for motor vehicle negligence.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant was the sole negligent party to the accident. Plaintiff argued that he struck his head during the accident, which rendered him unconscious. The accident caused traumatic brain injury, which resulted in his inability to compose music and effectively ended his career as a composer of TV and movie scores.

Plaintiff had moved to Los Angeles from Pittsburgh to attend a USC master's program for scoring for TV and films. While in the program, he received a prestigious BMI Award for his work. Renown composers and plaintiff's professors, Christopher Young and Jack Smalley, testified as to plaintiff's compositional talent and to his subsequent decline in work quality following the accident.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff was comparatively negligent. Had he looked to the left before entering the street, he would have seen the defendant's vehicle and avoided the accident. The defense also contended that the impact was a minor event and the plaintiff sustained only minor soft tissue injuries. Furthermore, the defense claimed that plaintiff had unresolved and untreated pre-existing psychiatric problems and that he malingered and had factitious disorder.

Settlement Discussions

Plaintiff demanded $1.25 million policy limits. In July 2007, defendant served CCP 998 offer for $25,001. In January 2009, the offer was raised to $150,000.

Specials in Evidence

over $500,000 approximately $380,000 minimum of $3,000,000. $1,800,000 - 2,000,000

Injuries

Plaintiff claimed traumatic brain injury resulting in cognitive impairment, post-traumatic stress disorder with post-traumatic seizures, both organic and non-organic, and permanent disability from ever working as a composer. Plaintiff also underwent four knee surgeries post-accident. Plaintiff was hospitalized on numerous occasions and underwent cognitive therapy, psychiatric care, psychological care, and neurological care to manage seizures. Plaintiff has attempted suicide twice since the accident.

Result

The jury agreed with the defense that the plaintiff was comparatively negligent but found that plaintiff's negligence was not a cause of his injuries. The jury awarded $22,739 for past medical costs (to be reduced by Hanif), and $5,000 past non-economic damages, for a total award of $27,739

Other Information

According to plaintiff's counsel: The jury was initially informed that the trial would last three weeks. However, the trial lasted five weeks. The jury was disgruntled and one juror was even threatened with contempt of court. Plaintiff will be filing a motion for new trial. Witnesses Laurence Friedman, M.D., Susan Gardner, M.D., David Lopata, M.D., Ted Mariott, M.D., and Daniel Oakes, M.D., were plaintiff's treating doctors subpoenaed by the defense to testify.

Deliberation

4.5 hours

Poll

12-0 or 11-1 on all issues

Length

19 days