Facts

Lloyd Monroe was the driver of and automobile that was rear-ended by defendant's vehicle as both vehicles were making a left turn from a four-way arterial stop sign intersection.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that his brake lights were functioning and he simply stopped as he was about to make his left turn, to avoid hitting a vehicle that had rolled through the stop sign in the opposite direction.

DEFENDANT'S CONTENTIONS:
Defendant contended he was following the Monroe vehicle as it approached and stopped at the stop sign. The road was on the private property of the NUMI automobile plant in Fremont, and this intersection was the access to the workers' parking lot. Defendant contended that the Monroe vehicle pulled away from the stop sign to make a left turn and suddenly stopped before making a left turn, because a phantom vehicle in the opposite direction ran the stop sign. The defendant contended he was unable to stop his vehicle from running into the back of plaintiffs vehicle because of plaintiff vehicle's sudden stop as he was about to make his left turn.

Defendant further contended that none of plaintiff's automobile's rear brake lights were operational and it was dark and he could not see plaintiff vehicle's sudden stop. Defendant's expert testified the defendant's vehicle at the time of impact was traveling 12 to 15 mph.

Settlement Discussions

No offer; A demand for $47,500 was made before trial.

Specials in Evidence

Plaintiff sought $60,000 in lost wages.

Damages

Plaintiff requested $5,000 for emotional distress;

Injuries

Plaintiff contended he suffered an aggravation of a preexisting shoulder injury that now required surgery and an approximate five months' loss of wages as an industrial electrician. Defendant contended plaintiff had at least nine other automobile accidents and industrial injuries, many of which involved injury to the shoulder in question and loss of time from work. Defendant's expert testified plaintiff had a slap-tear lesion of the shoulder caused by numerous previous accidents and injuries. Defendant's reconstruction expert testified the force of impact was insufficient to cause the shoulder injury. Plaintiff's expert testified that he thought plaintiff's slap-tear was caused by the accident.

Result

Defendant was found fully at fault and no negligence was attributed to the "phantom" vehicle. The jury awarded plaintiff $57,000 in loss of wages and $3,000 in emotional distress damages for a total of $60,000. Judgment and costs satisfied.