Facts

On July 30, 2013, at 4:24 p.m., plaintiff Celson Giron was crossing Silverlake Boulevard at Berkeley Avenue when defendant James E Radkay who was making a left turn from Berkeley struck him.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed negligence against defendant, and that the surgeries if any were due to accident.

DEFENDANT'S CONTENTIONS:
Defendant claimed that plaintiff was comparatively negligent.

Plaintiff also called the investigating officer and an "ear witness" Cedric Lahuerte, who lives at the scene. He testified that he heard a thud and an "awe" sound. When he looked out the window a second or two later, he saw the car stopped either in the intersection or in the crosswalk but wasn't sure which. He then went out and saw plaintiff crouched down on the street in front of the vehicle.

Settlement Discussions

According to plaintiff, defendant served an offer to compromise before trial for $25,000.

Specials in Evidence

$25,410 $14,000 $4,500 $55,000

Injuries

Plaintiff claimed injuries to right knee, right shoulder, neck and back with need for further surgeries. Defendant claimed that plaintiff has only strains and pains, requiring two to three months of treatment, and no need for surgeries as they are due to pre-existing conditions.

Result

Plaintiff's verdict for $86,095.

Other Information

FILING DATE: Aug. 12, 2014.

Deliberation

three hours

Poll

12-0 (all questions)