Automobile Versus Pedestrian Significant Arm Laceration Case Results in Four-figure Verdict
Scott Macdonald and Alex Macdonald secured a favorable verdict in Torrance on December 22, 2025.
This was a disputed liability case. Our client was proceeding westbound down a narrow street with cars parked on both sides. There was a tow truck facing eastbound, double-parked next to parked cars on the south side of the street. Plaintiff was interacting with the tow truck driver, who was unloading his motorcycle from the truck bed. There were multiple conflicting accounts of what Plaintiff was doing at the time of the impact. Plaintiff claimed that he was in the street next to the tow truck facing southwest talking to the tow truck driver on the flat bed. A witness claimed that Plaintiff was facing southbound looking at the tow truck. Plaintiff’s two liability experts agreed that Plaintiff was facing westbound in the street, with his back to defendant’s vehicle. The investigating officer reported that Plaintiff was facing southbound and turned to walk northbound into defendant’s path of travel. Defendant claimed that Plaintiff was standing on the steps of the tow truck cab and jumped off into his vehicle. It was undisputed that Plaintiff’s right elbow/triceps region contacted Mr. Pina’s windshield, resulting in a penetrating wound to that area.
At trial, Plaintiff made claims for a penetrating wound on his right triceps resulting in scars and disfigurement of his tattoos, lower back pain, 4 years of past noneconomic damages, and 40 years of future noneconomic damages. During the four and a half years from the date of the accident and trial, Plaintiff attended a total of<nine medical appointments for his injuries from July 30, 2021 (DOL) and May 26, 2022, including a gap in treatment from August 5, 2021 to February 3, 2022, when he went to see his attorney-referred plastic surgeon. The defense demonstrated that plaintiff traveled to Mexico, Greece, Turkey, Australia, Switzerland, Italy, New Zealand, Cuba, Canada, Austria, South Carolina, Virginia, Maryland, Washington D.C., New Mexico, Massachusetts, New Hampshire, Pennsylvania, and other places from as soon as 17 days after the accident until a few months before trial. Plaintiff, a self-proclaimed amateur bodybuilder, also claimed that he was unable to compete in a men’s physique competition.
During closing, Plaintiff’s counsel asked the jury to award $5,000 in past meds, $6,000-$12,000 in future meds, $75,000-$95,000 for four years of past noneconomic damages, and $850,000-$950,000 for 40 years of future noneconomic damages, totaling $936,000-1,062,000. The jury came back with an award of $13,000 and 60% comparative fault on Plaintiff. Plaintiff’s counsel claimed that the $50,000 policy was open and did not accept prior counsel’s 998 offer for the policy limit back in August 2025.