Paul Godwin v. Suzanne Marie Dameron
Published: Jul. 6, 2013 | Result Date: Mar. 19, 2013 | Filing Date: Jan. 1, 1900 |Case number: 37-2011-00101336-CU-PA-CTL Verdict – $929,103
Court
San Diego Superior
Attorneys
Plaintiff
Ross A. Jurewitz
(Jurewitz Law Group)
Defendant
Experts
Plaintiff
Stephen L. Plourd
(technical)
Richard Greenfield M.D.
(medical)
Defendant
David G. Smith
(medical)
Gerald P. Bretting
(technical)
Facts
Paul Godwin was operating his motorcycle going southbound on Pershing Dr. in San Diego when he collided with a sport utility vehicle operated by Suzanne Dameron. At that moment, Dameron was attempting a left turn from northbound Pershing Dr. onto westbound Florida Dr. Godwin was injured as a result thereof and sued Dameron for negligence. Dameron ultimately stipulated to liability just before opening statements.
Contentions
PLAINTIFF'S CONTENTIONS:
Godwin claimed he was legally lane-sharing between two vehicles and rightfully proceeded forward when the light turned green. He also claimed that Dameron attempted her turn against a red arrow light, without yielding to oncoming traffic. As a result, Dameron struck him, causing him to be thrown into the windshield and landing on his back on the vehicle's roof.
DEFENDANT'S CONTENTIONS:
Dameron denied liability and claimed that she legally entered the intersection on a green left turn light. She also claimed that Godwin was responsible for causing the accident by entering the intersection too quickly and failing to see that her vehicle was already in the intersection legally.
Damages
Godwin sought $132,906 in past medical costs; $4,495 for the total loss of his motorcycle; $12,552 in past lost earnings; $218,450 in future medical costs; $1 million for past pain and suffering; and $2.5 million for future pain and suffering.
Injuries
Godwin was taken to an emergency room by ambulance. He sustained a fracture to his right wrist, and tore multiple ligaments and the meniscus in his right knee. Godwin underwent surgery to his wrist and received physical therapy. He underwent surgery on his right knee, but despite treatment, he was left with a permanent limp and a loss of flexion, extension, and strength in his wrist. His expert opined that his injuries were permanent and would get worse over time.
Result
The jury rendered a verdict in favor of Godwin and awarded him $929,103 in total damages, which included $132,906 for past medical cost; $179,150 in future medical cost; $12,552 in past lost earnings; $4,495 in property damage; $350,000 in past pain and suffering; and $250,000 in future pain and suffering.
Deliberation
one day
Poll
12-0 (past economic), 10-2 (future economic), 9-3 (non-economic)
Length
four days
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