Facts

On Oct. 1, 2006, plaintiff Larry Baldwin, 56, was traveling northbound on his motorcycle on Silverado Trail in Napa County. While driving, Baldwin attempted to pass the sedan in front of him that was slowing down to make a left turn. The sedan was co-owned and being operated by defendant Deborah Smith. As Baldwin was passing the sedan, the left front fender of the sedan struck Baldwin's rear tire.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended the defendant negligently operated her vehicle by suddenly slowing down, swerving left without a turn signal and subsequently causing the collision. The plaintiff further contended that he was unable to stop in time and that he tried but was unable to go around the defendant's car.

DEFENDANT'S CONTENTIONS:
The defendant contended that she slowed gradually, used her turn signal and did not veer to the right.

Damages

The plaintiff sought $53,872.92 for past medical costs and property damage plus $150,000 to $250,000 in noneconomic damages. The defendants did not dispute the nature or extent of plaintiff's damages, but asked that if the jury found liability, it limit non-economic damages to an amount between $10,000 and $20,000.

Injuries

The plaintiff sustained broken ribs and a separation of his left acromioclavicular joint that required reconstructive surgery.

Result

The jury found the plaintiff 77 percent at fault, the defendant 23 percent at fault and plaintiff's gross damages to be $53,166 ($31,984 past medical, $3,889 property damage, $17,292 past non-economic plus $1 future non-economic damages). That sum was further reduced to $42,386.47 per Nishiama. After a reduction for comparative fault, plaintiff recovered $9,748,89.

Poll

12-0