Facts

On March 2, 2009, at 9:30 a.m., defendant Nestor Alcala stopped at the intersection of Pacific Avenue and Venice Way in Venice waiting for traffic to clear prior to initiating his left turn. Plaintiff Gabriel Ganor, a 43-year-old paralegal, who was driving a motorcycle, testified that he was traveling at 20 to 25 mph and first noted the defendant's left turning truck when it was 20 to 30 feet in front of him. Plaintiff stated he applied both front and rear brakes and steered to the right and then laid his motorcycle down on the roadway.

Defendant admitted fault for making an unsafe left turn in front of plaintiff's oncoming motorcycle.

Settlement Discussions

Plaintiff demanded $250,000. Defendant offered $65,000.

Specials in Evidence

$19,340 $13,191 $1,000

Injuries

Plaintiff sustained a non-displaced fracture of the left leg lateral tibia plateau, a left elbow laceration and bone fragment, a right wrist partial tear in the scapholunate ligament, a sprained right ankle, and various abrasions. Plaintiff was put in a leg cast for the tibia fracture and had physical therapy. Four months later, the tibia fracture was healed and plaintiff was released to normal activities. Four months after that plaintiff tore his left knee medial meniscus while warming up for a softball game, which required an arthroscopic meniscectomy.

Result

Plaintiff's verdict for $58,531.

Other Information

EXPERT TESTIMONY: Plaintiff's orthopedic surgeon, Kevin Ehrhart, M.D., testified when he was performing the arthroscopic meniscectomy he had been able to visualize the fissure in the cartilage of the tibial articular surface caused by the tibia fracture. He said that fissure was causing deteriorating medial compartment osteoarthritis, which would likely necessitate a left knee arthroplasty in 10 years. Defense orthopedic expert Ronald Glousman, M.D., testified the minor fissure seen on MRI was the least of plaintiff's knee joint problems. Both doctors agreed various stress caused by plaintiff being congenitally bowlegged had caused degeneration in the lateral knee compartment, and the cause of cartilage degeneration in the patellar compartment was unclear. Dr. Glousman testified continued arthritic left knee complaints were caused by more serious degeneration in the patellar and lateral knee compartments and not by the medial knee compartment, which contained the minor cartilage fissure caused by the fracture. Plaintiff was very athletic, participating on two softball teams and weekend beach volleyball, among other sports. The defense argued a medical record showing plaintiff was seen a year after the accident with two skinned knees from sliding into second base was evidence plaintiff's knee complaints were not limiting, and was further evidence continuing mild left knee complaints were likely due to normal knee degeneration caused by a vigorous lifestyle.

Deliberation

three hours

Length

three days