# 1370622, Jorge Arredondo v. Debra Mitchell, filed 7/15/10

Plaintiff’s Attorney: Moises Vazquez

Verdict: $38,496.75                                            Dept. 3, Hon. Thomas P. Anderle

Plaintiff was riding his bike westbound towards downtown Santa Barbara on Cota St. at the Milpas St. intersection, and proceeded to cross the intersection believing he had the green light. Defendant was proceeding southbound on Milpas St. in the No. 2 lane, and also claimed she had the green light at the intersection in her favor.  Both Plaintiff and Defendant presented witnesses supporting their respective claims to the right of way.  Defendant alleged that Plaintiff was in violation of Santa Barbara municipal code sections prohibiting  bicycle riding on a sidewalk area, based on his having  proceeded through the intersection within the white-lined, marked cross-walk area, where he was struck by Defendant.  Plaintiff was transported to Cottage hospital and received treatment for bruises, abrasions, scratches and soft tissue injuries without any fractures.  Medical expenses included approximately $2,000 for physical therapy.  Jury awarded a total of $21,329.00 past medical expenses and $30,000.00 for past non-economic damages, but total verdict was reduced by jury finding of Plaintiff’s 25% responsibility for the accident.  Plaintiff was awarded no damages for lost wages, as he was unable to prove his self-employed status.  No future non-economic damages as Plaintiff had sustained a post-accident work-related injury that required lumbar fusion surgery.  Plaintiff served a statutory 998 offer to compromise of $30,000.00 and Defendant served a 998 offer of $4,000.00.

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