Facts

The plaintiff was driving down a winding mountain road. He stopped and signaled to turn left. Defendant Robert Taylor was behind the plaintiff, driving a truck belonging to Herbert Cosmey, his grandfather. As the plaintiff turned, the defendant tried to avoid the plaintiff by swerving to the left, straddling double yellow lines and striking the plaintiff's truck. The plaintiff sued for negligent operation of a motor vehicle and vicarious liability.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed defendant was liable for the collision for inattention and improperly crossing a double yellow line.

DEFENDANTS' CONTENTIONS:
The defendants denied liability. They claimed that the plaintiff went around a blind curve and defendant saw him stopped along the right side of the road, with his brake lights illuminated. Defendant Taylor said he tried to avoid an accident by swerving left but was unable to avoid the collision. The defendants also contended that most, if not all, of plaintiff's injuries were from a prior car accident.

Settlement Discussions

The plaintiff requested $30,000; the defendant offered $5,000.

Specials in Evidence

$15,000 $35,000

Damages

The plaintiff sought $60,000 for pain and suffering, and a total recovery of $100,000.

Injuries

The plaintiff claimed soft-tissue injuries to his neck and back. The plaintiff underwent two rounds of physical therapy and four MRIs.

Result

The jury awarded $8,472.

Other Information

The plaintiff was later awarded $3,750 in costs.

Deliberation

four hours

Poll

9-3 (defendant's negligence), 12-0 (contributory negligence), 9-3 (damages)

Length

six days