Facts

Defendant James Gibson made a wide sweeping right hand turn with a 53-foot van trailer after exiting a logistics center on Grantline Road in Tracy. After making the sweeping right hand turn, Gibson initiated a u-turn in front of plaintiff Michael Vertar, a California Highway Patrol officer who was riding a motorcycle and was traveling in the same direction. The motorcycle slid under the truck trailer.

Plaintiff sustained lung contusions, cuts, bruises, broken ribs, and comminuted clavicle fracture requiring surgery. Plaintiff was permanently disabled from his occupation as a California Highway Patrol officer.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that Gibson made an unsafe u-turn in the path of Plaintiff.

DEFENDANT'S CONTENTIONS:
Defendants contended that Plaintiff had sufficient time to perceive, react and stop without hitting the truck. Plaintiff was attempting to pass the truck before the road narrowed to two lanes. As to Plaintiff's damages, Defendant contended that Plaintiff failed to mitigate his future wage loss by refusing to have surgery to remove the plate attached to his clavicle during post accident surgery. Defendants further contended that Plaintiff was disabled due to subjective symptoms resulting from pain caused by the plate inserted in his clavicle as a result of the fracture. Defendants claimed that removal of the plate was a low risk operation and that it would permit Plaintiff to return to work as a California Highway Patrol officer.

Settlement Discussions

Plaintiff made a policy limits demand of $2 million and maintained the demand at mediation. At the second settlement conference, Plaintiff offered to settle for $1.5 million. Defendants initially offered $150,000 and made a final CCP 998 offer of $350,000.

Specials in Evidence

$337,446 $2,777,100

Damages

Plaintiff claimed past wage loss of $337,446 and $2,777,100 for future wage loss.

Injuries

Plaintiff suffered broken ribs, comminuted collarbone fracture requiring surgery; lung contusion, cuts, and bruises.

Result

Plaintiff was found to be 70 percent at fault and to have failed to mitigate his damages. Verdict reduced to $154,950 from a gross verdict of $516,500.

Other Information

MEDIATOR: Michael Ney. FILING DATE: March 15, 2010.

Deliberation

one day

Poll

9-3 (negligence against defendant truck driver), 10-2 (negligence against highway patrol officer)

Length

nine days