Facts

Plaintiff Deidre Sermons, a 43-year-old clinical psychologist, was sitting in the front passenger seat of Nicole Johnson's vehicle on Jan. 3, 2003 as they drove southbound on Imperial Boulevard in Los Angeles. Then, the dump truck Adolfo Maldonado was driving struck Johnson's vehicle as Maldonado made a wide right turn onto the westbound lane of Prairie Street.

Claiming injuries, Sermons sued Maldonado for motor vehicle negligence and also sued the owner of the truck, Peter Marquez, Direct Trucking, for vicarious liability.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed there were two right turn lanes on Imperial and that Maldonado was in the right of the two lanes when his truck veered into the left hand, right turn lane that Johnson was in when he made his turn. Sermons argued the dump truck came into Johnson's lane when it hit her vehicle, therefore making the defendants fully liable for the collision.

DEFENDANTS' CONTENTIONS:
The defendants disputed liability, claiming that Maldonado had followed all traffic laws when he made his turn. The defendants argued Maldonado, signaled, stopped and looked in his mirror. In addition, the defendants claimed that Johnson had caused the accident because she attempted to turn around the left side of a dump truck despite common knowledge that all oversized trucks turn wide, as Maldonado was doing.

Settlement Discussions

The plaintiff demanded $200,000, which was reduced to $15,000 at mediation. The defendant offered $10,000 at mediation (by Bill Christensen, claims examiner).

Damages

Sermons sought $20,451 in past medical bills and $80,000 in lost income for her inability to work for nine months.

Injuries

After the accident, Sermons' physician diagnosed her with a narrowing disc at C5-6, facet arthropathy at L5-S1 with 3-4 mm of disc bulging, and strains, sprains, and soft tissue injuries to her right knee. The defendants claimed Sermons overstated the extent of her injuries.

Result

The jury found the defendants not liable for the accident.

Deliberation

30 minutes

Poll

11-1

Length

five days