Facts

At 11:45 pm on Nov. 11, 2007, plaintiff Kyle J. McVeigh, a hardware store clerk, was walking home from the Regency Center, traveling south on Gough Street towards Geary Street in San Francisco when he crossed the eight lane intersection of Geary and Starr King Lane. 15 seconds and three quarters (according to plaintiff's attorney) into the crosswalk, plaintiff was hit by a southbound cab's front right side at 25 miles per hour when the cab was making a left turn from Gough on to Starr King. The cab was driven by defendant Ivan Batista, had been transporting two passengers, and was owned by defendant National Cab Co. McVeigh sued Batista and National Cab Co. for motor vehicle negligence. Plaintiff's counsel stated that there was visible damage to the cab.

PLAINTIFF'S CONTENTIONS:
Defendant's statement to the officer that had arrived on scene that he had waited until the traffic light turned green was contradicted by the testimony of one of his passenger. Moreover, the other passenger said that the defendant admitted to him that the accident was the defendant's fault.

DEFENDANTS' CONTENTIONS:
Defendant was not liable, but agreed that there was no contributory negligence by plaintiff.

Specials in Evidence

Plaintiff claimed medical costs. Plaintiff claimed lost wages. Plaintiff claimed future medical costs.

Injuries

Plaintiff claimed a mild concussion and a strain of his shoulder that was ultimately diagnosed as low grade shoulder separation. He had to miss one week of work.

Result

The jury returned a verdict in favor of plaintiff. Plaintiff received $1,105.50 in past wage loss. Total past medical expenses were $17,890.00. The jury also awarded an addition $10,000 in future medical care. A total of $65,500.50 was awarded in non-economic damages. Plaintiff was awarded $13,397 in prevailing party costs pursuant to CCP Section 1032 and 1033.5. Plaintiff was also awarded costs and sanctions for Defendant's wrongful denial of liability up to the first day of trial pursuant to CCP 2033. Costs awarded under CCP 2033 were $3,397 and Sanctions under CCP 2033 were $5,400. The total judgment came to $116,588.00.

Other Information

FILING DATE: Jan. 7, 2008. Defendant Ivan Batista did not appear at trial. Defense counsel represented that he was living in another country.