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: Thursday, December 20, 2012
Date Action was Filed: Sunday, December 11, 2011
Type of Action: Vehicles - vs. Pedestrian
Judge or Arbitrator(s): Hon. Luis Rodriguez
Plaintiffs:
Darin Blue, 25, marketing associate
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.
Non-Economic Damages:
$25,000
Trial or Arbitration Time: 5 days
Jury Deliberation Time: 2 hours
Jury Polls: 12-0

The Attorneys

Attorney for the Plaintiff:
Allen, Flatt, Ballidis & Leslie by Michael C. Bock, Newport Beach
Attorney for the Defendant:
Maguire & Associates by Brian Fujita, Costa Mesa

The Experts

Plaintiff’s Medical Experts:
Daniel Levin, DDS, maxillofacial surgery, Huntington Beach
Plaintiff's Technical Experts:
Carl Cover, accident reconstruction, Colorado Springs, CO
Defendant's Technical Experts:
Gerald Bretting, accident reconstruction, El Segundo

Facts and Background

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.
Plaintiff's Contentions:
Defendant failed to yield the right of way.
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

Physical Injuries claimed by Plaintiff:
Fractured cheekbone, broken teeth, assorted scrapes and bruises.
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

Disclaimer

This is not an official court document. While the publisher believes the information to be accurate, the publisher does not guarantee it and the reader is advised not to rely upon it without consulting the official court documents or the attorneys of record in this matter who are listed above.