Facts

Tyler Smith was crossing the crosswalk by his school when his left knee was struck by a vehicle driven by Jessica Sawyer. Tyler's left knee struck the front, right headlight of Sawyer's vehicle. He rolled down, fell to the ground and hit the rear passenger tire of the truck as he rolled to the ground. He sued Sawyer and Anthony George, the vehicle's owner, for negligence and vicarious liability.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant failed to yield the right of way to a pedestrian in a crosswalk. He also contended that he stopped before crossing to see if there were any cars coming and entered the crosswalk after another car had stopped for him. He contended seeing defendant approaching the crosswalk, but assumed defendant would stop given that the other vehicle was at a stop.

DEFENDANTS' CONTENTIONS:
Defendant contended that plaintiff was negligent for stepping in front of a vehicle when he last saw it moving and without checking to make sure that the vehicle had stopped before stepping in front of it.

Damages

Smith claimed $1,600 for his damaged computer as a result of the incident. He also claimed over $200,000 in damages and an additional $500,000 in past and future pain and suffering.

Injuries

Smith was taken by ambulance to a medical center where he was subsequently given crutches and a knee immobilizer. An MRI revealed a possible meniscus tear and underwent surgery to repair it. He underwent physical therapy and underwent a second surgery due to ongoing difficulties with his left knee.

Result

The jury found in favor of Smith and awarded him $58,255,85 in damages, but was reduced to a total award of $15,083.95 pursuant to the parties' stipulation.

Other Information

PLEASE PROVIDE PLAINTIFF'S FAX OR EMAIL ADDRESS.

Deliberation

half day

Length

five days