Facts

On April 12, 2011, 76-year-old Bella Vitushkina was crossing Noe St. at the instersection with 17th St. in San Francisco when she was struck by a van operated by Stephen Shalendra. She suffered injuries as a result thereof and sued Shalendra for negligence, and Shalendra's employer, Luminalt Energy Corp. for vicarious liability. Shalendra was no longer employed by Luminalt and did not appear at trial. As such, the case only proceeded against Luminalt.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that she entered the intersection at a crosswalk and was within the crosswalk when defendant struck her. Thus, plaintiff contended that defendant failed to yield the right of way.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff entered the intersection outside of the crosswalk, stepping out into the roadway from in between parked cars. Thus, defendant contended that plaintiff walked into the van.

Damages

Vitushkina claimed that, as a result of her injuries from the accident, she now required assistance with her daily activities. She also developed depression, mood disorders, and suffered from cognitive decline. Thus, she sought $16.75 million in total damages for past and future pain and suffering and past and future medical costs.

Injuries

Vitushkana sustained crush injuries to the lower portions of her body as well as other fractures. She also suffered a traumatic brain injury and an occipital laceration. She was taken to the San Francisco General Hospital by ambulance. She developed an infection on her left leg while she was at a rehabilitation center, requiring an emergency surgery. She later suffered a fall after she completed nine months of rehabilitation, which she claimed was due to the weakening of her legs caused by the accident.

Result

The jury rendered a defense verdict.

Deliberation

two days

Poll

9-3

Length

10 days