Skateboarder in crosswalk runs into defendant's SUV. Jury awards $41,800 net after contrib negligence. Orange County.
Summary
Skateboarder, 25, enters uncontrolled crosswalk and strikes SUV passing through the crosswalk. Jury's gross award was 10 times defense offer, but jury placed 30% contributory negligence on plaintiff skateboarder.
The Case
- Case Name: Darin Blue v. Joshua Schwab
- Court and Case Number: Orange County Superior Court/ 30-2011-00528875
- Date of Verdict or Judgment: Friday, December 21, 2012
- Date Action was Filed: Monday, December 12, 2011
- Type of Case: Vehicles - vs. Pedestrian
- Judge or Arbitrator(s): Hon. Luis Rodriguez
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Plaintiffs: Darin Blue, 25, marketing associate
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Defendants: Joshua Schwab
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $59,742
- Net Verdict or Award: $41,819 after reduction for contributory negligence.
- Contributory/Comparative Negligence: 30% as to plaintiff; 70% as to defendant.
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Non-Economic Damages:
$25,000
- Trial or Arbitration Time: 5 days
- Jury Deliberation Time: 2 hours
- Jury Polls: 12-0
The Attorneys
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Attorney for the Plaintiff: Allen, Flatt, Ballidis & Leslie by Michael C. Bock, Newport Beach
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Attorney for the Defendant: Maguire & Associates by Brian Fujita, Costa Mesa
The Experts
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Plaintiff’s Medical Experts: Daniel Levin, DDS, maxillofacial surgery, Huntington Beach
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Plaintiff's Technical Experts: Carl Cover, accident reconstruction, Colorado Springs, CO
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Defendant's Technical Experts: Gerald Bretting, accident reconstruction, El Segundo
Facts and Background
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Facts and Background:
On August 6, 2010, in Newport Beach plaintiff entered an uncontrolled crosswalk, riding his skateboard. Plaintiff struck the side of defendant's SUV while using the marked crosswalk as defendant drove through the crosswalk.
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Plaintiff's Contentions:
Defendant failed to yield the right of way.
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Defendant's Contentions:
Plaintiff ran into side of vehicle and was himself entirely responsible for the accident, as he left a place of safety and entered into oncoming traffic.
Injuries and Other Damages
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Physical Injuries claimed by Plaintiff:
Fractured cheekbone, broken teeth, assorted scrapes and bruises.
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Veneers to be replaced every 7-10 years, follow-up monitoring work.
Special Damages
- Special Damages Claimed - Past Medical: $11,500
- Special Damages Claimed - Future Medical: $27,000
Demands and Offers
- Defendant §998 Offer: $5,000