Plaintiff in a TBI case asks the jury for $7.5 million. Jury awards $27,500. Los Angeles County.

Facts and Background

• Facts and Background:

  Liability was disputed in this accident that occurred on November 21, 2019 at 8:00 a.m. at the uncontrolled intersection of Wilshire Boulevard and Barry in Los Angeles. Defendant was traveling eastbound on Wilshire Boulevard in the number three lane. Plaintiff was making a left turn from westbound Wilshire Boulevard onto Barry when they collided. The impact caused plaintiff’s vehicle to roll onto its left side.

• Plaintiff's Contentions:

  Plaintiff claimed that defendant was unlawfully in the number three lane because signage indicated the number three lane was for buses and bikes only during the hours of 7:00 a.m. to 9:00 a.m.

  Plaintiff also argued that the vehicles in the number one and two lanes of eastbound Wilshire stopped to allow plaintiff to complete her left turn.

• Defendant's Contentions:

  Defendant argued that defendant was lawfully in the number three lane because the signage also stated “Right Turns OK” and defendant was going to make a right turn at the next major intersection of Federal.

  Further, that plaintiff made an unsafe left turn in front of defendant’s vehicle when defendant’s vehicle was close enough to constitute an immediate hazard. The speed limit in the area of the accident is 35 mph. Plaintiff’s accident reconstruction expert, Jon Landerville, admitted that defendant was traveling 30-35 mph and that he braked and slowed to 22 mph at impact. Mr. Landerville also testified plaintiff was traveling 15 mph at impact, which defendant argued proved that plaintiff did not slow as she crossed the eastbound lanes of Wilshire during her left turn.

  Defendant argued Vehicle Code Section 21801 was applicable: “The driver of a vehicle intending to turn to the left or to complete a U-turn upon a highway, or to turn left into public or private property shall yield the right-of-way to all vehicles which are close enough to constitute an immediate hazard at any time during the turning movement and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety.” Defendant also relied on Vehicle Code Section 21802(a) at trial: “Where…some, but not all of the oncoming vehicles have yielded their right-of-way to a left turning driver, that driver has a continuing duty during the turning movement to ascertain, before proceeding across the next open lanes(s) if any vehicle is approaching from the opposite direction so close as to constitute a hazard. If the oncoming vehicle in the lane closest to the left turning vehicle surrenders its right-of-way by indicating to the operator of the left turning vehicle that it desires to proceed, such operator may not proceed beyond that first lane of traffic, now effectively blocked by the waiving vehicle, if in fact the other vehicles approaching in any of the other oncoming lanes will constitute a hazard to the left turning vehicle during the turning movement.”

  Defendant argued the following:

  If plaintiff had waited one second, this accident would not have happened; If plaintiff had looked in the number three lane of eastbound Wilshire, she would have seen defendant’s vehicle was close enough to constitute an immediate hazard; plaintiff did not slow down as she made her left turn in front of defendant’s vehicle; if a bus or bike were in the number three lane, the bus or bike would have struck plaintiff’s vehicle; the number one and two lanes of eastbound Wilshire were not yielding to plaintiff because they were stopped to keep the intersection clear pursuant to signage that read “Do Not Block Intersection”; and that the signage for buses and bikes was past the intersection of Barry, which is where defendant was traveling in order to make a right turn onto Federal.

  As to injuries, defendant argued this was a case of attorney-referred medical build-up on a lien and defendant disputed the nature and extent of injuries and damages alleged by plaintiff.