This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Auto v. Auto
Left Turn Collision

David Kenneth Hurst v. Jesus Manuel Galvan, Dolores Galvan, and Does 1 through 100, Inclusive

Published: Dec. 6, 2014 | Result Date: Jul. 31, 2014 | Filing Date: Jan. 1, 1900 |

Case number: NC058571 Verdict –  Defense

Court

L.A. Superior Long Beach


Attorneys

Plaintiff

Patrick S. Nolan
(DeWitt, Algorri & Algorri)


Defendant

Steven R. Odell
(Susson, Parrett & Odell)


Experts

Plaintiff

Alan McRoberts
(medical)

Michael T. Hale
(technical)

Defendant

Michael J. Einbund M.D.
(medical)

Edwin C. Amos M.D.
(medical)

John K. Tyson P.E.
(technical)

Facts

David Hurst sued Jesus Galvan and Dolores Galvan, in connection with a motor vehicle accident.

Dolores Galvan was let out of the case prior to trial.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that Jesus Galvan collided with his vehicle as he was entering an intersection. Plaintiff claimed that he lost consciousness and suffered injuries as a result of the impact. Plaintiff alleged that he had the right of way, and that Jesus Galvan, who was attempting a left turn when the collision occurred, was liable for the accident for being negligent. Plaintiff alleged that his wife was vicariously liable for his actions.

DEFENDANTS' CONTENTIONS:
Jesus Galvan claimed that plaintiff ran a red light, causing the accident. Jesus Galvan alleged that it was plaintiff who was negligent for striking him and causing his vehicle to spin. Defendants also denied the extent of plaintiffs' claimed injuries.

Settlement Discussions

Hurst made a CCP 998 demand for $349,000, which defendants countered with a CCP 998 offer for $15,000.

Damages

Hurst requested $104,317 for medical expenses and lost income, and an unspecified amount in pain and suffering.

Injuries

Hurst claimed he lost consciousness as a result of the impact. He claimed he also sustained injuries to his shoulder, neck, and back. He also claimed to have suffered from neurological injuries. Following the accident, plaintiff claimed he would collapse for no reason and, for some time, had great difficulty sitting, climbing stairs, and walking.

Result

The jury found in Jesus Galvan's favor.

Other Information

FILING DATE: Jan. 24, 2013.

Deliberation

90 minutes

Poll

12-0

Length

three days


#86342

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390