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Bender v. I-101 Express – Placer County

On Behalf of | Jul 1, 2004 | Results

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In Bender v. I-101 Express Jim represented a truck driver and his employer in an action filed by an eight-year-old through his guardian ad litem that went to jury verdict in Placer County. The plaintiff contended that Jim’s client violated several city ordinances by parking a box-van truck illegally on a residential street, in a bike lane, too close to an intersection. The plaintiff argued that the parking of the truck obstructed his view of oncoming traffic as well as a driver’s view of the plaintiff when the plaintiff attempted to cross the street in a cross walk.

As a result of the plaintiff entering the intersection, he was struck by a car and sustained fractures of his left leg and arm. He was hospitalized for four days. Two months after the accident, the plaintiff had a surgery to remove a rush rod from his left arm. He incurred over $85,000 in medical expenses.

Jim’s motions in limine prohibiting negligence per se jury instructions for his clients alleged violations of city ordinances were granted. Additionally, Jim’s motion in limine to exclude any reference to his client’s alleged violation of an ordinance prohibiting the parking of a commercial vehicle on a residential street was also granted. Jim convinced the judge that the ordinance was unenforceable because there were no signs informing truck drivers of the prohibition of parking on the street. Jim also had a motion in limine granted so that the only medical expenses the plaintiff could seek against his client were the amount the plaintiff’s health insurer paid to the health care providers which was $57,000.00.

Nine witnesses, including three expert witnesses, testified at the trial. After a four-day trial, the jurors deliberated for three hours over two days and returned a verdict in favor of Jim’s client. The jury found that Jim’s client was not negligent.

Jim served the plaintiff with a 998 offer of $20,000 when he answered the complaint so his clients were entitled to recover their costs. The insurance carrier for Jim’s clients was Harco National Insurance Company.