Facts

Defendant Mira Stern's vehicle struck a pedestrian, plaintiff Oscar Islas. The plaintiff fell onto the hood of defendant's car and shattered the windshield. The plaintiff brought suit for negligent operation of a motor vehicle.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that defendant was driving up a cross street, and then made a right turn on to the street where the accident occurred. He said that she then moved into the left lane, as he was stepping into the street to cross. According to him, he looked both ways before crossing the street but had no way of knowing the defendant's car was approaching because she came from around the corner. He presented eyewitness testimony to support his version of events. He further contended that the plaintiff was driving too quickly to accommodate an upcoming traffic light, although she was within the posted speed limit.

DEFENDANT'S CONTENTIONS:
The defendant denied making the right turn. According to her, she was driving straight down the street where the accident occurred, and had moved left as the street divided to accommodate the bus island. She claimed that the plaintiff jaywalked into oncoming traffic, without ever looking left to check for approaching cars. She emphasized that she was driving within the posted speed limit, and that the next traffic signal was 120 feet away.

Settlement Discussions

The plaintiff demanded $75,000; the defendant offered $5,000 but withdrew the offer before trial.

Specials in Evidence

The plaintiff sought $50,000 to recoup for his medical expenses.

Damages

Both parties stipulated damaged for defendant's policy limit of $100,000.

Injuries

The plaintiff sustained a broken leg, closed head injury and subdural hematoma.

Result

The jury found the defendant was not negligent and not liable for the accident.

Other Information

The defendant settled for waiver of costs following the verdict.

Deliberation

20 minutes

Poll

12-0

Length

two days