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Personal Injury
Auto v. Bicycle
Collision

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

Christopher M. Gilman

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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