Facts

Paul Brink was walking his bicycle on the crosswalk and as he was crossing the intersection of a freeway exit, he was struck by a vehicle operated by Meia Carr as the driver attempted to make a right at the intersection. The bicycle struck Brink, which then flew up in the air and struck Carr's front hood. Brink sued Carr for negligence.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant was negligent for failing to yield to pedestrian traffic. Plaintiff further contended that defendant attempted to make a right turn on red, when it was unsafe to do so. Plaintiff also contended that defendant was inattentive and failed to see him coming from her right.

Damages

Brink continued to experience pain and discomfort in his lower back, which prevented him from performing heavy duty at work. His total earnings was reduced to $15 per hour, from $40 per hour, as a result thereof. His residual injuries also affected his ability to surf and enjoy bike riding with his daughter. Brink sought $700,000 for total lost earnings; $32,000 for past medical costs; and an unspecified amount for pain and suffering. Carr disputed the extent of his injuries and argued that his symptoms and damages were related to a pre-existing injury due to a prior accident.

Injuries

Brink drove himself to the emergency room one hour later and complained of pain to his lower back, neck, and hands. He was diagnosed with soft-tissue injuries and treated with a chiropractor for about a year. He was placed on disability for one year during his recovery. When he returned to work, he was limited to only medium to light duty.

Result

The jury found Carr 50 percent at fault, and Brink 50 percent at fault for the accident. brink was awarded $32,000 in total damages, which was reduced to $16,100 for the offset.

Deliberation

half day

Length

six days