Facts

Plaintiff Michael Smith was riding his bike down the street, along the side of traffic lanes. As he approached a light, Loren Laughlin opened the rear passenger-side door of a cab to exit. The plaintiff's bicycle struck the open door and he fell to the ground. The plaintiff brought a negligence suit against the owner of the cab, Luxor Cab Co. and the driver, Charles Glenn.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that he was traveling in a lane designated for bicycles, and the presence of the bike lane should have given the defendants a heightened level of awareness that bicyclists may be present. He contended that the driver did not turn on his blinker or hazard lights to indicate a passenger was exiting, and that the vehicle was located too far from the curb to be dropping off a passenger. He claimed the driver was careless by not looking behind him before allowing the passenger to exit. He also argued that Luxor was vicariously liable because the driver was negligent in the course and scope of his employment duties.

DEFENDANTS’ CONTENTIONS:
The defendants claimed that the plaintiff and the passenger were entirely responsible and negligent. They also disputed the existence of a bike lane. The defendants provided expert testimony that bicycles are not supposed to pass a stopped taxi cab on the right, and that plaintiff's passing a line of cars waiting at the red light, on the right, was a violation of the vehicle code. The same laws that apply to cars apply to bicyclists, and the defendant claimed that the plaintiff should have stopped at the light and remained in line with the cars. The defendants further argued that the plaintiff's injuries could not be fairly attributed to them. According to the plaintiff's medical records, the defendants pointed out, about a year after the accident, the plaintiff was involved in a second accident that exacerbated his injury. The second accident, the defendants' expert opined, increased the pain that the plaintiff felt from the first accident and increased the disc compression by nine percent.

Settlement Discussions

The defendants offered $15,000.

Specials in Evidence

$6,750 $127,700

Damages

The plaintiff led a bicycle safety advocacy group before the accident. Since sustaining his injury, he has been unable to devote time to the group's agenda. He also has not been able to play the piano or go mountain biking.

Injuries

The plaintiff sustained a compression fracture of his vertebrae at L1 that resulted in 51 percent compression of the disc. He wore an upper-body cast for three months, and was in rehabilitation for three years. He requires the use of a special device in order to sit without pain.

Result

The jury found defendants jointly and severally liable, and assigned them 51 percent of the blame. The jury found plaintiff and Laughlin each 24.5 percent responsible. The jury awarded $134,450 for past and future medical expenses and $300,000 for future pain and suffering. The total award was $434,450 for damages. The total judgment against defendants was $95,320 for economic damages and $153,000 for non-economic damages, totaling $248,320.

Other Information

Laughlin settled with the plaintiff before trial. The judge allowed the defendants to discuss the plaintiff's second accident as it pertained to the plaintiff's injuries, but precluded evidence of the amount the plaintiff recovered from the motorist involved in the second accident. Because the defendants rejected a lower arbitration figure from a hearing they had formally requested, they are responsible for the plaintiff's costs.

Deliberation

one day

Poll

12-0

Length

five days