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 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

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.

 

Disclaimer

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