Joseph Lardner v. Mark Gold, Heal the Bay
Published: Mar. 6, 2010 | Result Date: Feb. 4, 2010 | Filing Date: Jan. 1, 1900 |Case number: SC096221 Verdict – Defense
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Robert D. Jarchi
(Greene, Broillet & Wheeler, LLP)
Defendant
Terry A. Rowland
(Demler, Armstrong & Rowland LLP)
Experts
Plaintiff
Robert C. Klapper M.D.
(medical)
Alvin Lowi III
(technical)
Defendant
Michael P. Weinstein M.D.
(medical)
Allan Keith Miller
(technical)
Facts
On Oct. 16, 2007, plaintiff Joseph Lardner was riding his bicycle in Santa Monica, California. At the same time, a Toyota Prius was being driven by defendant, Heal the Bay CEO, Mark Gold. An impact occurred between the Toyota and Lardner.
Contentions
PLAINTIFF'S CONTENTIONS:
Lardner alleged that Gold rear-ended his bicycle.
DEFENDANT'S CONTENTIONS:
Gold argued that Lardner made a sudden left turn into Gold's passing Prius and failed to check for oncoming vehicles.
Settlement Discussions
Gold offered $25,000 (policy limit) and Heal the Bay offered a waiver of costs. Heal the Bay indicated that it would not offered a monetary settlement in light of the fact that Lardner was suing the largest Santa Monica charity in Santa Monica.
Damages
Lardner sought $200,000 in future medical expenses and $132,410 in past medical expenses. In addition, Lardner's attorney requested $1,200,000 in damages.
Injuries
Lardner suffered a fractured left hip, requiring hip replacement surgery and physical therapy.
Result
The jury found in favor of the defense.
Deliberation
3 hours
Poll
9-3
Length
seven days
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