Facts

David Garner sued Hanson Lee, Leanne Lam, and Advance Auto Tech, in connection with an incident that allegedly occurred on Dec. 12, 2012, at around 6 or 7 at night.

PLAINTIFF'S CONTENTIONS:
Plaintiff was riding his bicycle near Monterey St. and Bellevue Ave. in San Jose. He was attempting to ride into defendant Advance Auto Tech's business when he struck a chain. As a result, his bicycle became caught in the chain and his right leg became twisted. Plaintiff sustained injuries and sued the business and its owners, defendant Lee and Lam, alleging premises liability. Plaintiff claimed that the business was inadequately lit and that the chain was not painted yellow enough to provide warning.

DEFENDANTS' CONTENTIONS:
The business denied any violation of the law and disputed the extent of plaintiff's claimed injuries.

Settlement Discussions

Garner demanded $485,000 in settlement. Advance Auto Tech offered to settle for $35,000.

Injuries

Garner claimed he fractured his right leg and underwent surgery to repair it. However, he developed complications that required several months' stay at a nursing home. Garner continued to have issues with walking or standing. He claimed he would need to undergo more surgery in the future, including a knee replacement.

Result

The individual defendants were dismissed from the lawsuit and the matter continued against Advance Auto Tech only. Ultimately, the jury rendered a defense verdict.

Other Information

FILING DATE: Aug. 30, 2013.

Deliberation

three hours

Poll

9-3