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Personal Injury
Auto v. Auto
Intersection Collision

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

JoAnne Gilliam


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


#91740

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