Facts

On Oct. 16, 2010, Danny Colburn was driving his truck, which contained a large crane that he used to repair signs. While attempting to change lanes, he was struck by a vehicle operated by Michael Lee.

Colburn sued Lee, alleging that he was negligent in the operation of his vehicle.

Lee's insurance carrier, IDS Property Casualty Co., brought a separate action against Colburn, claiming he was negligent in the operation of his vehicle. The two matters were consolidated.

PLAINTIFF'S CONTENTIONS:
Colburn claimed that Lee unexpectedly swerved into his lane, giving him no opportunity to avoid rear-ending him.

DEFENDANT'S CONTENTIONS:
Lee claimed that he was in his lane when he came upon an accident, causing him to change into another lane. When he decided to change lanes, Colburn was in the same lane behind him. Both vehicles changed lanes at the same time, causing the impact.

Damages

Colburn sought $2,400 in property damages and damages for the loss of use of his truck for three weeks. IDS sought $17,165 in property damage to Lee's vehicle.

Injuries

Colburn claimed injuries to his neck, back, and foot. However, after a medical expert stated that the injuries were from a fishing accident that took place later, Colburn withdrew his physical injury claims.

Result

The jury found that both Lee and Colburn were negligent, and attributed 60 percent of the liability to Lee and 40 percent of the liability to Colburn. Colburn was awarded $9,331, which was reduced to $5,598. IDS was awarded $17,165, which was reduced to $6,866, based on CCP 998.