Facts

Marcus Laniohan sued Zane Keith, Kenneth Keith, and Lisa Keith in connection with a motor vehicle accident.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that he was riding a skateboard when he collided with a pickup truck being driven by defendant Zane Keith. Plaintiff contended he was struck as defendant entered a four-way stop intersection in Ocean Beach in San Diego. Plaintiff claimed he suffered injuries as a result and sued Zane for negligence, and the owners of the truck, defendants Kenneth and Lisa for vicarious liability. Plaintiff alleged that Zane, who was making a turn at the time, was negligent for having his right blinker on, but making a left turn instead. Plaintiff contended that Zane failed to pay attention, and that his windows were tinted too darkly. Plaintiff also claimed he was rendered disabled from the accident due to a bone left in his armpit that could not be removed.

DEFENDANTS' CONTENTIONS:
Defendant claimed he had the proper signal lights on, and denied that plaintiff ever stopped at the stop sign. Defendant also argued that plaintiff was riding the sidewalk, and not the street, as plaintiff claimed. Moreover, defendant claimed it was difficult to see plaintiff who was wearing dark clothing at night when the accident occurred. As such, defendant argued that plaintiff was at fault for the collision. Defendant also disputed plaintiff's claimed damages.

Settlement Discussions

Laniohan made a CCP 998 demand of $75,000, which defendants countered with a CCP 998 offer of $25,000.

Damages

Laniohan claimed $12,000 in lost earnings and sought $562,000 in total damages, which included $45,000 in medical expenses, $120,000 in lost earnings, and an unspecified amount for pain and suffering.

Injuries

Laniohan, 34, fractured various bones in his body, including his scapula and ribs. He also sustained scrapes and contusions. He underwent surgery for his scapular fracture, but continued to suffer from decreased motion. His injuries also prevented him from performing his usual work as an information technology business owner.

Result

The jury found in favor of Zane, finding that he was not negligent.

Other Information

Laniohan agreed to dismiss defendants Kenneth and Lisa in exchange for a waiver of costs. FILING DATE: Feb. 15, 2013.

Deliberation

half day

Length

five days