Complete Defense Verdict Following $2 million Offer in Long Beach

Congratulations to Jesse Allen, Joyce Dondanville & Adrian Douglas on a recent defense verdict in Long Beach. The lawsuit stemmed from an auto versus e-scooter accident. The plaintiff was riding a Bird scooter through a marked crosswalk at an otherwise uncontrolled intersection. Our client was traveling at 25 mph when they struck the plaintiff after not seeing them traveling through the crosswalk on the scooter. Plaintiff struck their head on the pavement and was taken to the hospital by ambulance. The defense offered $2 million in a CCP 998 offer, which was rejected by plaintiff’s counsel. The case was extensively litigated, with each side designating eight retained expert witnesses for trial.

The plaintiff was a former UCLA cheerleader who had their own tech startup business. They claimed to have suffered a traumatic brain injury that caused them to lose their business and be unable to function normally in their everyday life. They had nearly $300,000 in past medical expenses and a future lifecare plan of $3.5 million. They claimed an additional $4 million in past lost earnings and future lost earning capacity. Plaintiff’s counsel indicated at the outset of trial that they planned to ask the jury for $75 million at the conclusion of the case.

The trial was bifurcated into two phases. The first week was focused on liability for the accident, and the following three weeks would be dedicated to damages. At the conclusion of the first week, the jury returned a verdict finding the defendant was not negligent. We argued that the plaintiff was traveling too quickly through a crosswalk intended only for pedestrians on foot, and that the defendant had an insufficient opportunity to perceive and react to them. The jury ultimately agreed.