Liability is contested at controlled intersection after T-bone accident; insurer initially refuses $15K policy limits demand.
Law Firm of Joseph H. Low IV by Joseph H. Low IV, Long Beach.
Diana S. Diskin, Los Angeles.
Tseng & Associates by Hugh Daniel Burrows and Jennifer T. Tseng, Thousand Oaks.
On April 6, 2016, at 11:30 a.m., 70-year-old plaintiff was in the left-turn lane on southbound Prairie Avenue in Inglewood, waiting to turn left onto eastbound Pincay Drive. She entered the intersection on a green light and waited for opposing traffic to clear. The light cycled to red. Plaintiff started to complete her left turn to move out of the way of cross traffic. Defendant driver, in a vehicle registered to another defendant, was driving northbound on Prairie Avenue. He entered the intersection and T-boned plaintiff's vehicle while she was turning.
Both vehicles were totaled. The investigating LAPD officer took a statement from defendant driver, who claimed he entered the intersection on a green light. No statement was taken from plaintiff and no witnesses were identified. There was no evidence to determine the color of the light at the time of the collision. The investigating officer determined that plaintiff caused the collision.
Plaintiff alleged that she entered the intersection on a green light and, when the light cycled to red, she had the right of way to complete her left turn.
Plaintiff further alleged that defendant driver sped up in an attempt to "beat the red," thus causing the collision.
Defendant contended that he had the right of way and that the collision occurred when the traffic lights for north and southbound Prairie Avenue were green.
Defendant disputed plaintiff's past and future pain and suffering and future medical expenses, and asked the jury to limit their award to only past medical expenses.
Plaintiff lost consciousness at impact and was transported to UCLA Ronald Reagan Medical Center, where she was diagnosed with a traumatic brain injury, a degloved left hand, and a fracture of the C6 superior articular process, all requiring extensive past and future medical care. Defendant disputed plaintiff's past and future pain and suffering and future medical expenses, and asked the jury to limit their award to only past medical expenses.