Facts

In October 2002, plaintiff Phillip Weller was traveling on El Cajon Boulevard. At an intersection, he observed defendant John Boyd in the right turn lane with his left turn signal flashing. The defendant was attempting to merge into El Cajon's left lane. The plaintiff stopped and waved to defendant to move into his lane. The defendant changed lanes then stopped in the through travel lane on a green light. The plaintiff stopped behind Boyd and defendant Mario Santacruz struck him. The plaintiff sued the defendants, claiming negligence.

Defendant Santacruz settled with the plaintiff before trial in the amount of $15,000, which was his insurance policy limit.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that defendant Santacruz had a clear view of plaintiff's car, but failed to stop.

The plaintiff further contended that defendant Boyd proximately caused the accident because he stopped suddenly when the light was green. According to plaintiff's accident reconstruction expert, defendant Boyd failed to adhere to traffic laws by stopping and slowing on the road.

DEFENDANT'S CONTENTIONS:
Defendant Boyd denied any negligence. He claimed that the accident was entirely defendant Santacruz' fault that had ample time to stop and avoid the collision.

Specials in Evidence

Plaintiff sought over $59,000. Plaintiff opined that as a result of his injuries, he was not able to work for a few months and was forced to leave a second job. Accordingly, he sought over $153,000 in lost earnings.

Damages

He sought over $700,000 for emotional distress.

Injuries

The plaintiff suffered from spinal stenosis at L3-4 with effacement of the spinal cord. His expert orthopedist also opined that he had a significant underlying disc disease which was aggravated by the collision. He also asserted that he experienced constant lower back pain.

Result

Defendant Boyd was found to be not negligent.

Deliberation

two hours

Poll

10-2

Length

six days