Cyclist in crosswalk struck by SUV; herniated disks. $577K. Orange County.
Summary
College-age soccer player riding bicycle is struck by SUV; claims he will not be able to continue playing soccer. Plaintiff beat his Section 998 offer.
The Case
- Case Name: Both v. Elizarraraz-Lopez
- Court and Case Number: Orange County Superior Court / 30-2013-00654421
- Date of Verdict or Judgment: Wednesday, June 10, 2015
- Date Action was Filed: Thursday, June 06, 2013
- Type of Case: Bicycle Accident
- Judge or Arbitrator(s): Hon. Mary Shulte
-
Plaintiffs: Alexander Both, 20
-
Defendants: Jesus Gerardo Elizarraraz-Lopez
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $577,139.51
-
Economic Damages:
$77,139.51
-
Non-Economic Damages:
$500,000
- Trial or Arbitration Time: 2 weeks.
- Jury Deliberation Time: 3 hours.
- Jury Polls: 11-1 on economic; 12-0 on non-economic.
- Post Trial Motions & Post-Verdict Settlements: 998 cost motion pending.
The Attorneys
-
Attorney for the Plaintiff:
Gavrilov Law Corporation by Ognian Gavrilov, Sacramento.
Tarasenko Law by Kirill Tarasenko, Sacramento.
-
Attorney for the Defendant:
Law Office of William I Chopak by William Chopak, Rancho Santa Margarita.
The Experts
-
Plaintiff's Medical Expert(s):
Dr. Andrew Fox, neurosurgery, Sacramento.
-
Defendant's Medical Expert(s):
Dr. Hambly, spine surgery, Sacramento.
-
Plaintiff's Technical Expert(s):
Hristo Gyoshev, economics, San Francisco
Facts and Background
-
Facts and Background:
SUV v. bicycle collision in Tustin in 2012.
Plaintiff was biking in a cross-walk when defendant's SUV made a left turn, striking plaintiff in the middle of the crosswalk. Liability was not contested.
Plaintiff was a community college student and soccer player.
-
Plaintiff's Contentions:
Plaintiff claimed that he lost his ability to play soccer and he will live a life full of regrets. Plaintiff also claimed that he has occasional pain and is not the same as before.
-
Defendant's Contentions:
Defendant claimed plaintiff is grossly exaggerating his medical issues. Defendant (insured by Ameriprise Insurance) had a sub rosa video showing plaintiff being able to do everyday activities.
Injuries and Other Damages
-
Physical Injuries claimed by Plaintiff:
Two herniated disks, lumbar and cervical regions, both about 2mm.
Demands and Offers
- Plaintiff §998 Demand: $150,000
- Defendant §998 Offer: $60,000