plus expected annuity payments of
holden v. jordan
pedestrian v. auto
Plaintiff, a 28 year old unemployed man, was struck by a car driven by Defendant Driver, and suffered a fractured right femur and tibia with bone fragments in the right knee joint space; dislocated left knee; rib fracture; and a traumatic brain injury in the functional portion of his brain, leaving him with severe permanent motor and cognitive disabilities and not able to care for himself. Plaintiff was returning from a purchase at a liquor store with his friend when they left the median on La Brea Avenue and were crossing at its intersection with Buckthorn Street in an unmarked crosswalk in Los Angeles. Defendant Driver fled the scene, stating that he feared for his life because of a bystander's reaction at the scene, and was stopped within two blocks of approaching Hawthorne Police Dept., his stated destination. Plaintiff argued that defendant was involved in a hit and run, but defendant argued that he was heading towards the police department to turn himself in and that he fled because he feared gang retaliation. Plaintiff was faulted as a cause of the accident for darting out in front of Defendant. Defendant contended that Plaintiff and his friends were crossing La Brea eastbound, when the plaintiff ran from the center median into the defendants oncoming direction of travel, which defendant argued was supported by the fact that plaintiff's friend was not struck. The defendant further contended that Plaintiff was jaywalking at a point between two overhead luminaries such that the plaintiff would be in the darkest spot between the overhead lights and that the overhead lights as configured with the plaintiff's crossing created difficulty in the defendant being able to perceive plaintiff. Defendant also contended that plaintiff was wearing all dark clothing and had been standing behind a large Ficus tree in the center median prior to darting out, which also created difficulties in the defendant being able to perceive the plaintiff. Alcoholic container and drugs were found in the immediate area of Plaintiff's point of rest and plaintiff had a blood alcohol level of .10. Plaintiff had a prior history of a gunshot wound to the head in a gang related incident. Plaintiffs successfully demonstrated that defendant had adequate opportunity to see plaintiff and avoid the collision.