Facts

On Jan. 31, 2008, Jeremy Speanburg, 45, was attempting to cross Howard Street at the intersection of Howard and Sixth Street in San Francisco. While in the crosswalk, he was hit by a town car owned by Black Car Network Inc. and driven by Karim Moussaoui. Moussaoui was attempting to make a left turn onto Howard Street. Speanburg sued Black Car and Moussaoui for his injuries. Speanburg was taken to the emergency room and discharged that day.

PLAINTIFF'S CONTENTIONS:
Speanburg claimed that Moussaoui acted negligently when he hit Speanburg with the car. He further claimed that Black Car was vicarious liable for Moussaoui's negligence. An independent witness confirmed Speanburg's account of the accident and stated that he saw Moussaoui refuse to get out of the car, talking on his cell phone, and claiming that he didn't hit Speanburg.

DEFENDANT'S CONTENTIONS:
Moussaoui claimed that he didn't hit Speanburg and that Speanburg spontaneously jumped into the air and landed on the hood of the car. He also contested the extent of Speanburg's injuries, arguing that the injuries were the result of pre-existing conditions.

Specials in Evidence

Speanburg claimed to have incurred about $18,000 in costs for emergency care, follow-up physical therapy, and unsuccessful nerve injections.

Damages

He sought damages for past medical costs, past pain and suffering, and future pain and suffering.

Injuries

Speanburg claimed that he suffered lower back pain that radiated down his leg, soft tissue damage to his lower back, and a potential bulging disc at the L5-S1 vertebrae. He acknowledged prior back issues but claimed that the accident caused additional trouble and that he could no longer walk without a cane.

Result

The parties settled for $125,000.