Defense Verdict in Personal Injury Case

December 3, 2012

The Los Angeles Superior Court returned a defense verdict in a personal injury case handled by Benjamin H. Seal, II. Plaintiff Mose Hart, III sued defendant Kevin Kissinger and his employer, alleging that Mr. Kissinger was negligent in the operation of his vehicle, an 18-wheeler truck.

On July 7, 2009, Mr. Hart was driving on Artesia Boulevard in Compton when an accident occurred where the front left corner of Mr. Hart's vehicle hit the right-side cab of Mr. Kissinger's truck. Mr. Hart argued that he was traveling in the curb lane of a two-lane, one-way side street when Mr. Kissinger attempted a sudden, wide right turn into a commercial driveway. Mr. Hart claimed that Mr. Kissinger made an illegal and dangerous maneuver from the left lane, causing the accident. Mr. Kissinger argued that he was traveling in the curb lane of the street, and that Mr. Hart had been traveling in the left, fast lane. As Mr. Kissinger slowed down to five to 10 miles per hour and turned on his right-turn signal, he swung into the left lane to attempt a wide turn. Mr. Hart then moved from the left lane into the right lane in an attempt to pass around the turning truck, causing the collision.

Mr. Hart was diagnosed with strains and sprains to his neck and lower back and underwent chiropractic treatment for over two months. He claimed $12,000 in past medical costs, and sought $20,000 to $350,000 in future medical expenses. The original demand was set at over $152,000, and was later reduced to $50,000. The offer was set at $6,875. After a five-day jury trial and 30-minute deliberation, the jury returned a unanimous defense verdict on liability.