CVN screenshot of plaintiff attorney Yana Henriks delivering her closing argument
Los Angeles, CA - A California state court jury has awarded $535,100 to a pedestrian struck by an oncoming car while crossing a road outside of a crosswalk who sought over $9 million in damages for her injuries, and the full trial was recorded gavel-to-gavel by Courtroom View Network.
The Los Angeles County jury returned their verdict on January 30 in the lawsuit filed by plaintiff Camecia Lee against defendant Yolanda Coleman. Lee accused Coleman of driving recklessly on a dark road near a residential area and sought up to $9.7 million in damages, however Coleman argued Lee and a companion caused the accident by darting across an intersection at night not designed for pedestrian crossings.
The jury assigned 55 percent liability to Lee for the 2018 collision, which reduces her collectible damages to roughly $240,795.
Subscribers to CVN’s online trial video library get unlimited gavel-to-gavel access to the full trial, which included extensive testimony from accident reconstruction experts. In addition to this trial, video library subscribers can access hundreds more civil trials in a wide range of practice areas featuring many of the top plaintiff and defense attorneys in California and throughout the United States.
During the trial Lee’s attorneys told jurors the accident caused a concussion with lasting effects along with knee injuries that eventually required a total knee replacement. They claimed Lee wasn’t technically jaywalking, and that drivers still have to be mindful of pedestrians even without a marked crossing.
The defense maintained throughout trial that in the dark Coleman simply didn’t have enough reaction time to avoid hitting Lee in an area she reasonably didn’t expect to encounter pedestrians. They argued she made a last-minute swerve to avoid hitting Lee’s companion but in doing so couldn’t avoid hitting Lee herself.
Lee’s attorney Yana Henriks of McMurray Henriks LLP told CVN after the trial she anticipated a tough case on the liability issue, admitting there was “clear evidence of comparative negligence on both sides.”
“I was transparent with the jurors about my client’s share of responsibility, as she deserved her day in court to seek justice for her injuries, including a mild traumatic brain injury that’s often poorly understood,” Henriks stated.
Defense attorney Christopher Patton of Patton Trial Group told CVN after the trial he partially attributed the outcome to clear jury instructions from Judge J. Stephen Czuleger.
“The judge properly instructed the jury on the Sudden Emergency Doctrine, as the plaintiff’s friend walked in front of the defendant’s car, causing the defendant to steer left, ultimately hitting plaintiff,” Patton stated.
However Patton also suggested the exclusion of Lee’s companion from the verdict form limited the options available to the jury.
“At the same time, the judge refused to include the other pedestrian on the Special Verdict Form, making it impossible for the jury to assess any blame for the accident to him,” he said.
CVN screenshot of defense attorney Christopher Patton delivering his closing argument
Despite the jury verdict coming in lower than requested and being further reduced by the liability split, Henriks suggested the decision by Coleman’s insurer GEICO not to settle the case could have potential consequences.
“GEICO’s rejection of our reasonable $99,999 demand—below their policy limit—followed by their denial of our request for admission regarding any negligence on their insured’s part, has consequences,” she said. “We’ll see those play out. Clearly, they did not act in Coleman’s best interest."
Henriks also suggested plaintiff attorneys push for a more in-depth jury selection process in trials like this.
“Advocate for more than thirty minutes for jury selection and detailed panel info,” she stressed.”It’s crucial in complex cases.”
The case is captioned Camecia Lee v. Yolanda Yvette Coleman, case number 19STCV03327 in Los Angeles County Superior Court.
Email David Siegel at dsiegel@cvn.com