1. Docket No.: 06-449640
2. Court/Branch: San Francisco County Superior Court
3. Case Name: Liu v. Luo
4. Type: Jury Trial
5. Judge/Arbitrator/Mediator: The Honorable Katherine Feinstein
6. Date of Verdict/Judgment/Settlement/Arbitration: February 21, 2008
7. Trial Length: 5 days.
8. Jury Deliberations (Vote & Length): 10-2
9. Type of Case (e.g., Premises Liability/Inadequate Security):
Motor vehicle/bicycle accident resulting in personal injuries.
10. Amount & Details of Verdict/Judgment/Settlement/Arbitration (Amount, Type of Damages/Relief, Comparative Fault, Apportionment, etc.):
Verdict resulted in $900,000.00 to plaintiff, after assessment of only 10% comparative negligence to the plaintiff for failing to use a headlight while riding a bike at night. The defense took the position that the bicyclist was entirely responsible for this accident because it occurred at night and the failure to use a headlamp, which was an admitted violation of the California Vehicle Code, made it very difficult for a motorist to see him before moving her car into the roadway.
11. Counsel (Name, Firm, Address, Phone & Fax Numbers, Party Represented):
A. Plaintiff:
B. Robert Allard
Corsiglia, McMahon & Allard
96 North Third Street #620
San Jose CA 95112
408-289-1417
B. Defense: Steven C. Toschi
Toschi, Sidran, Collins and Doyle
100 Webster Street #300
Oakland CA
510-835-3400
12. Parties (Include Name, Age & Occupation):
A. Plaintiff: Hua Jin Liu, 58 year-old cook.
B. Defendant: Jian Xiong Luo, "Matchmaker."
13. Wrongful Death Cases (Decedent's Name, Age, Occupation, Relationship to Each Plaintiff): N/A
14. Facts/Contentions: Include trial briefs if possible: See attached.
15. Claimed Injuries/Treatment by Each Plaintiff & Cross-Complainant:
1) Bilateral hip fractures; 2) multiple rib fractures; 3) pulmonary injuries; 4) fractured clavicle; and 5) fracture of the right C7 transverse process.
16. Claim Damages/Relief Sought By Each Plaintiff & Cross-Complainant:
17. Prior Settlement Discussions/Arbitration Results: $468,000.00 offer which never increased during trial.
18. Insurance Carrier (Name of Company and Adjuster): State Farm.
