Facts

George Hyrcenko sued Shawn Scranton based on an automobile accident.

PLAINTIFF'S CONTENTIONS:
On Sept. 18, 2009, Hyrcenko was driving on Wilshire Blvd. in Los Angeles. As he entered an intersection, he was hit by another vehicle, driven by Scranton. Scranton was making a right turn when he hit him.

Hyrcenko then sued Scranton, arguing that he had been driving recklessly when he entered the intersection.

DEFENDANT'S CONTENTIONS:
Scranton admitted that he was at fault for the accident, but argued that the accident was not the main cause of Hyrcenko's shoulder injuries. Instead, the defense argued that Hyrcenko had actually damaged his shoulder prior to the accident, in an unrelated incident.

Settlement Discussions

Hyrcenko demanded $50,000 to settle, while Scranton made a CCP Section 998 offer of $20,000.

Damages

Hyrcenko requested $9,000 for his past medical costs, $60,000 for his past lost earnings, $14,348 for his future medical costs, and $5,000 for his future lost earnings. In total, he sought between $150,000 and $170,000 for his total damages.

Injuries

Hyrcenko claimed he tore the rotator cuff in his left shoulder.

Result

The jury ruled in favor of the defense.

Deliberation

two hours

Length

two days