Injured pedestrian demands $69,000 per CCP 998, jury awards $200,000. Tuolumne County.

Summary

Unemployed woman is struck by vehicle as she crosses street outside of any crosswalk.

The Case

Case Name: Nevarez v. Davenport
Court and Case Number: Tuolumne Superior Court / CV58377
Date of Verdict or Judgment: Wednesday, May 06, 2015
Date Action was Filed: Tuesday, October 15, 2013
Type of Case: Vehicles - vs. Pedestrian
Judge or Arbitrator(s): Hon. Kate Segerstrom
Plaintiffs:
Deborah Nevarez, 52, not employed
Defendants:
Dawn Davenport
Type of Result: Jury Verdict

The Result

Gross Verdict or Award: $200,000
Net Verdict or Award: $120,000
Contributory/Comparative Negligence: 40% contributory negligence to plaintiff.
Economic Damages:
0. Medical costs paid by Medi-Cal.
Non-Economic Damages:
$200,000
Punitive Damages:
N/A
Jury Deliberation Time: 2 hours

The Attorneys

Attorney for the Plaintiff:
Carty Law Office by John P. Carty and Roland E. The', Stockton.
Attorney for the Defendant:
Mayall Hurley by Vladimir F. Kozina and Jenny Dennis, Stockton.

The Experts

Plaintiff’s Medical Expert(s):
Eric Runte, M.D., Sonora.

Galyn Savage, Ph.D., psychology, Sonora.
Defendant's Medical Expert(s):
Alan Shonkoff , Ph.D., psychology, Berkeley.
Plaintiff's Technical Expert(s):
Laurence Neuman, P.E., accident reconstruction, Loomis.

Robert B. Post, Ph.D., human factors, Granite Bay.
Defendant's Technical Expert(s):
Dean Tuft, Ph.D., engineering, Pleasant Hill.

Facts and Background

Facts and Background:
Plaintiff was injured on October 4, 2011 by a vehicle driven by defendant as plaintiff crossed South Stewart Street in Sonora. There was no crosswalk where plaintiff crossed.
Plaintiff's Contentions:
That defendant was negligent by not looking for pedestrians and being inattentive.
Defendant's Contentions:
That plaintiff was negligent in not looking for cars before she crossed.

Injuries and Other Damages

Physical Injuries claimed by Plaintiff:
Injuries including a fractured pelvis, broken arm and a concussion. The fractured pelvis prevented plaintiff from walking for months.

Demands and Offers

Plaintiff §998 Demand: $69,000
Defendant §998 Offer: Waiver of costs.

Additional Notes

Per defense counsel:

Plaintiff never furnished a valid statutory section 998 offer because she served a joint and unapportioned offer to multiple defendants.

Also, there were directed verdicts granted in favor of defendants on 1) plaintiff’s claim for negligent entrustment, 2) plaintiff’s claim for lost earning capacity, and 3) plaintiffs claims for medical damages.