Injured pedestrian demands $69,000 per CCP 998, jury awards $200,000. Tuolumne County.
Unemployed woman is struck by vehicle as she crosses street outside of any crosswalk.
- 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 Action: Vehicles - vs. Pedestrian
- Judge or Arbitrator(s): Hon. Kate Segerstrom
- Plaintiffs: Deborah Nevarez, 52, not employed
- Defendants: Dawn Davenport
- Type of Result: Jury Verdict
- 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:
- Punitive Damages:
- Jury Deliberation Time: 2 hours
- 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.
- 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.