Just before the courthouse closes for pandemic, the jury renders a quick verdict.
This case was a result of a collision between two vehicles that occurred in Encinitas on November 23, 2016. Plaintiff was attempting to cross the driveway when defendant pulled out in front of him. The driveway was located on a residential street close to a worship centre. The street was bustling with people because it was the night before Thanksgiving.
Case Details
- Case Name:Brown V. Singhal
- Court and Case Number: San Diego Superior Court / 37-2018-00057835-CU-PA-CTL
- Judgment or Verdict Date: Monday, March 16, 2020
- Date Action Filed:Wednesday November 14, 2018.
- Types of Action: Cars – Auto Vs. Auto
- Judge/Arbitrator(s),Hon. Gregory Pollack
- Plaintiffs:Stephen Brown, 62.
- Defendants:Aneesh Singal
- Type:Jury Verdict
Verdict and Settlement
- Award or Gross Verdict:$165,000
- Award or Verdict:$176,000
- Arbitration or Trial Time:5 Days.
- Jury Deliberation time:2-3 Hours
- Jury polls:10-2
Personal Injury Lawyers
- Attorney for the PlaintiffEugene Bruno & Associates, Eugene G. Bruno and Bassem N. Salem San Diego.
- Advocate for the DefendantHartsuyker by Kellie B. Thomson, San Diego.
Expert Witnesses
- Plaintiff’s Medical Expert(s).Richard Brown, M.D. Orthopedic surgery. (Treating physician.)
- The Medical Expert(s), Defendant:David G. Smith M.D. Orthopedic surgery.
Lawyers’ Closing Arguments
Plaintiff’s Contentions:Plaintiff claimed defendant was responsible for the collision and that plaintiff sustained injuries to her head, right shoulder and right hip.
Defendant’s Contentions:Although defendant admitted to fault for the accident, he disputed the extent and nature of plaintiff’s injuries. The medical expert for defendant testified that plaintiff’s injuries to the right wrist and hips were unlikely to be caused by this accident because he didn’t believe that plaintiff complained of pain in his right wrist or hip within three weeks.
Personal Injuries and Damages
- Plaintiff claims physical injuriesPlaintiff suffered injuries to his right hip, right shoulder, right wrist and right hip. Plaintiff had SI joint radiofrequency ablation.
Special Damages
- Special Damages Claimed – Past Medical: $56,764.04 (Per defense counsel: $59,830.45.)
- Special Damages Claimed – Future Medical: $22,238.20 to $44,476.40 (Per defense counsel: $62,476.40.)
- Claimed Special Damages – Past Earnings:Waived during trial
- Claimed Special Damages – Future Loss Earnings:Waived during trial
Demands and offers
- Plaintiff, SS998 Demand$500,000 by 3/19/19
- Plaintiff Demands During Trial:Plaintiff requested $1,928,087.29 from the jury during closing. Per defense counsel.
- Defendant in SS998 Offer$75,000 two weeks prior to trial, after having offered nothing previously
Additional Notes
Judge Pollack offered jurors the chance to be exonerated from jury duty due to COVID-19 at the beginning. Governor Newsom had directed the closing of the case to take place on March 16, 2020. This was the last trial that was held in San Diego Superior Court before closing. In fact, Judge Pollack directed the jury to meet in the courtroom and not the jury room.
Even more striking was the grave concern expressed by the judges. The closing arguments in this case ended at midday on March 16th. Judge Pollack told the jury that if a verdict was not reached by the end the day, he would either order a mistrial or order the jurors to return to court after the pandemic. They did their best to reach a verdict before the deadline. Of course, none of them would agree to return at a later date. Judge Pollack invited both counsel to be present in the chambers, while he went back and forth between him and Presiding Judge Alksne. This was in order to decide if a mistrial was necessary. The jury reached a verdict with just 5 minutes left (literally).
