Robert C. (Bob) Carlson and Scott A. Davis secure defense verdict in Van Nuys district of the Los Angeles Superior Court
According to the Plaintiff’s experts the Plaintiff was walking south across Saticoy Street in Reseda, CA at 5:50 AM when he was struck by a rental truck driven by our client, who was driving in the course and scope of his employment. Plaintiff’s attorney, Gary Dordick, argued that our client caused the accident by failing to yield to a pedestrian and by driving too fast for conditions, in spite of the fact that our client was driving in the right lane, under the speed limit, with his headlights on. Our client was consistent from day 1 telling responding officers and the jury that Plaintiff appeared from out of nowhere; that he never saw Plaintiff in the road, that it was still dark out and nearby streetlights were not working. The defense contended that Plaintiff was solely at fault for jaywalking and for failing to yield the right of way. The experts on both sides agreed that the Plaintiff had an unobstructed view of the truck for over 1000 feet.
As a result of the collision, the Plaintiff suffered massive trauma and was rendered in a persistent vegetative state for the last five years. All medical experts agreed that he will remain so for the remainder of his life and requires 24/7 medical care.
Plaintiff proved more than $1 million in past medical expenses. He claimed $18 million in future medical expenses based on a projected life expectancy of 28.5 years, and asked the jury to award $79 million based on past and future economic losses and past and future pain and suffering.
The jury found 10-2 that our client was not negligent and awarded nothing to Plaintiff. Substantial offers of settlement were made prior and during trial. All were summarily rejected by Plaintiff’s attorney.