Facts

On Dec. 29, 2011, at 5:05 p.m., plaintiff Michael C. Hughes' vehicle was westbound on Franklin Ave. near the intersection of Sycamore Ave. in Los Angeles, when defendant Paul Kalsman's vehicle collided with plaintiff's motorcycle. Plaintiff was driving a 2008 Harley Davidson, while defendant was driving 2009 Lexus RX350.

PLAINTIFF'S CONTENTIONS:
Plaintiff maintained that defendant merged unsafely into plaintiff's lane.

DEFENDANT'S CONTENTIONS:
Kalsman, 76, contended that he was traveling westbound on Franklin and that plaintiff was lane splitting. Defendant argued that plaintiff was cut off by an unknown driver in a blue van, and struck the defendant's vehicle in the right front wheel well.

Settlement Discussions

Plaintiff made a CCP 998 for the $250,000 policy limits. Defendant's highest offer prior to trial was $25,000, and a demand of $300,000 at the mediation before trial. Defendant made a CCP 998 offer of $25,000. According to defendant, there was a one million dollar umbrella policy.

Injuries

Plaintiff sustained two compression fractures of the spine with bracing. Plaintiff claimed that as a result of his injuries, he would have ongoing limitations and pain. Defendant's medical expert testified that the fractures would have healed in six months, and that plaintiff's ongoing complaints were from non-related discogenic disease at L5-S1.

Result

The jury found in favor of plaintiff and awarded him $375,000. Plaintiff was also awarded $83,870.64 in costs, bringing plaintiffs total to $458,870.64.

Other Information

The jury also found plaintiff negligent but there was no causation. FILING DATE: April 10, 2012.

Length

seven days