Cheryl Hodge v. Elaine Trujillo
Published: May 6, 2006 | Result Date: Jan. 19, 2006 | Filing Date: Jan. 1, 1900 |Case number: 105CV039610 Verdict – Defense
Court
Santa Clara Superior
Attorneys
Plaintiff
William M. McCann
(Office of the San Diego County District Attorney)
Defendant
Experts
Defendant
Michael J. Stevenson
(technical)
Jerry A. Wachtel
(technical)
Facts
On March 25, 2005, plaintiff Cheryl Hodge, who was 17-years-old at the time, was riding her bycicle southbound on Bascomb Avenue in Campbell. As she rode through the intersection with Ridgeley Drive, she was struck by a car driven by defendant Elaine Trujillo. Defendant was trying to turn right onto northbound Bascomb Avenue. The front of defendant's car hit plaintiff in the left leg, knocking her off her bicycle.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff sued defendant for negligent operation of a vehicle. She contended that the thick foliage and traffic around the intersection required defendant to exercise reasonable caution, which would have included stopping at the stop sign, pulling ahead slowly and then stopping around the corner to ensure the road was clear.
DEFENDANT'S CONTENTIONS:
Defendant countered that she stopped at the stop sign and exercised a high degree of caution by looking both ways five or six times. Defendant further contended that plaintiff was solely at fault because she violated a local city ordinance by riding on the sidewalk just before the accident and violated a state vehicle code by riding her bicycle on the left side of the road against the flow of traffic.
Settlement Discussions
According to plaintiff's counsel, plaintiff's last demand was $1,000; defendant offered zero.
Injuries
Plaintiff sought $1,000 in medical specials and $5,000 in pain and suffering damages.
Result
Defense verdict.
Other Information
According to counsel for plaintiff: plaintiff asked for allocation of 50 percent comparative negligence to each party, with an award of $3,000; also, defendant's cost bill in the amount of $13,900.
Deliberation
50 minutes
Length
three days
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