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Personal Injury (Vehicular)
Negligence
Auto v. Bicycle

Jeffrey Poland v. Jack L. Myers Jr., Jack L. Myers, Sr., individually doing business as Newport Harbor Locksmith

Published: May 22, 1999 | Result Date: Mar. 17, 1999 | Filing Date: Jan. 1, 1900 |

Case number: 780207 Verdict –  $35,694

Judge

Ronald C. Kline

Court

Orange Superior


Attorneys

Plaintiff

Steven R. Kuhn
(Kuhn Mediation)


Defendant

Peter J. Gates
(Gates, Gonter,Guy, Proudfoot & Muench LLP)


Experts

Plaintiff

Jeff Tracy
(medical)

H. Thomas Ganz
(technical)

Defendant

Gerald P. Bretting
(technical)

Brian Ewald
(medical)

Facts

On Oct. 16, 1996, the plaintiff, a 46-year-old architect, was riding his bicycle southbound on Jeffrey at 15 mph in the bike lane, when he made a lane change to try and move over to the number 2 lane accross the No. 3 lane to 60 over the overpass over 405 freeway. He did not see the defendant, Jack Myers Jr., who was going 55 to 65 miles in a 65 miles per hour zone in the No. 3 lane, which went onto the northbound 405. The defendant slammed on his brakes and swerved to the left, but hit the bicycle after leaving 100 of feet of skid marks. The plaintiff brought this action against the defendants based on negligence and respondeat superior.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $100,000 which was reduced do a dismissal for waiver of costs during trial. The defendants made a C.C.P. º998 offer of compromise for $24,001 which was reduced to nothing during trial.

Specials in Evidence

$49,666.37 $50,000

Injuries

The plaintiff sustained a compression L2-3, a fractured scapula, fractured ribs, collapsed lung, road burns, depression, chrondomalicia of knee with surgery and hospitalized for five days follow up care and knee surgery with minimal residuals and no future care needed.

Other Information

The verdict was reached approximately one year and nine months after the case was filed. A mediation was held on Feb. 16, 1998 before Gilbert Lasky of USA&M. resulting in no settlement.

Deliberation

2½ hours

Poll

12-2

Length

five days


#96831

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