David A. Burton v. Defendant Municipal Entity
Published: Jun. 26, 1999 | Result Date: Feb. 28, 1997 | Filing Date: Jan. 1, 1900 |Case number: NC020120 Bench Verdict – $42,443
Judge
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Defendant
Facts
On July 1, 1996, the plaintiff, a 50-year-old certified lighting subcontractor, was involved in an auto collision at the intersection of 13th Street and Pacific in San Pedro. The plaintiff was traveling northbound on Pacific in the No. 2 lane and collided with defendant police patrol car, which was traveling westbound on 13th Street, attempting to cross through the intersection to apprehend three youths involved in a fight on the northwest corner of the intersection. The plaintiff's vehicle entered the intersection with a green light in his favor. The defendant police officer entered the intersection on a red light for his direction of travel. The patrol car had its emergency lights on but did not activate a siren. The plaintiff was surprised by the entry of the patrol car into the intersection and jammed on his brakes. The left front side of the patrol vehicle collided with the right front portion of the plaintiff's vehicle, a 1995 Ford Ranger pick up truck. The patrol vehicle then proceeded to the northwest corner of the intersection to break up the fight. The plaintiff crossed the intersection and pulled over the side of the street to wait for the police activity to stop so he could report the accident. A motorcycle officer was dispatched to investigate the accident. The investigating officer testified at trial that debris in the intersection, consisting of a part of plaintiff's right front signal lamp, was taken from the intersection and matched up with the broken right front signal lamp on the plaintiff's truck. The investigating officer concluded in his traffic collision report that the plaintiff's vehicle collided with the patrol vehicle after the patrol vehicle entered the intersection on the red light. The plaintiff brought this action against the defendants based on negligence.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $ _______. The defendants made a C.C.P. º998 offer of compromise for $ _________.
Specials in Evidence
$20,619 $20,000
Injuries
The plaintiff sustained a tear of the medial meniscus; tear of the lateral meniscus; chondromalchia of the patella and arthritis in the right knee; lumbar strain with sciatica and gastric irritation secondary to use of Ibuprofen for right knee symptoms. However, the plaintiff underwent extensive examinations for his gatrointestinal problems, including a colonoscopy and barium enema, to rule out more serious causes, such as cancer. The plaintiff had arthroscopic surgery to his right knee and received extensive physical therapy.
Other Information
The verdict was reached approximately one year and nine months after the case was filed. The plaintiff received a $35,000 arbitration award by Ronald F. Jans, on Feb. 9, 1998. The defendant filed a request for trial de novo.
Length
five days
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