Facts

In April 2004, plaintiff Lawrence Wood, a 69-year-old retired internist, was walking southbound on Laguna Street in San Francisco. With the traffic light in his favor, plaintiff entered the crosswalk at the northwest corner of the intersection with Geary Boulevard. Defendant David Ouong Tran, driving a coupe in the opposite direction, made a left turn onto Geary going about 5 mph. The front of defendant's coupe hit plaintiff's left side, knocking him to the ground.

CONTENTIONS:
The plaintiff sued defendant for motor vehicle negligence. He also sued the owner of the coupe, Cuong Manh Tran, who was defendant's father, for negligent entrustment. However, plaintiff dismissed defendant's father before trial in return for the defendants' agreement to be jointly and severally liable for any judgment.

DEFENDANT'S CONTENTIONS:
The defense admitted David Ouong Tran's negligence and did not allege comparative fault.

Settlement Discussions

The plaintiff made a demand of $75,000 (C.C.P. Section 998). The defendant's offer was $30,000 (C.C.P. Section 998).

Injuries

The plaintiff was taken by ambulance to an emergency room, where he was treated for five left rib fractures. He was released the same day and followed up care with his regular treating physician. The fractures resolved in a couple of weeks, but plaintiff testified that he was in severe pain until June 2004 and suffered residual aches for an additional year. The plaintiff also claimed unresolved injuries to his left shoulder and right knee. An orthopedic surgeon testified that his shoulder and knee complaints started 14 weeks after being hit and were the result of post-traumatic degenerative arthritis. The surgeon testified that plaintiff will require a Mumford procedure on his shoulder in 8 to 10 years and a future MRI of the right knee. The plaintiff asked for a global sum of $316,235: $2,835 for past medical care, $13,400 for future medical care, $100,000 for past pain and suffering and $200,000 for future pain and suffering. The defense disputed the extent of plaintiff's injuries and the need for future treatment. The defendant's orthopedic surgeon examined plaintiff and reviewed his medical records. The surgeon opined that plaintiff's shoulder and knee problems started six to seven months after the accident and were unrelated to the accident. He claimed that if the degenerative arthritis was caused by the accident, the pain would have presented much sooner. The surgeon further claimed the shoulder and knee complaints were minimal and will not require future care. The defense calculated plaintiff deserved $9,835 ($2,835 for past medical care and $7,000 for pain and suffering).

Result

The jury found plaintiff's injuries were caused by defendant's negligence. It awarded plaintiff $12,835 which included $2,835 for past medical costs and $10,000 for past pain and suffering. Per defense, the plaintiff's motion for new trial was denied on May 17, 2006.

Deliberation

50 minutes

Poll

12-0 (Tran's negligence), 12-0 (damages)

Length

three days