Verdict Amount:
$681,136 (gross)

Plaintiff prevailed on liability 12-0; the jury apportioned
liability 80% to defendants, 20% to plaintiff; verdict was 9-3 on
comparative.

In the damages phase, the jury awarded plaintiff $681,136.81
gross; $156,136.81 for medical expenses, $25,000 for past
attendant care and $500,000 general damages.
Damages verdict was 11-1.

Case Name:
C. SIMKIN v. PINKERTON SECURITY SERVICES, et al.

Case Number:
San Diego County Superior Court Case No. 722905

Plaintiffs:
C. Simkin

Defendants:
Pinkerton Security Services; J. L. Smith;
U.S. Fleet Leasing, Int’l

Facts and Background:
This accident occurred at the intersection of El Camino Real and
High Bluff Drive in San Diego on January 4, 1998, at
approximately 5:15 a.m. Plaintiff was on her way to the local
AM/PM for her 20 year old grandson who was ill with the flu. On
her way to the store, she stopped by a local medical complex to
make sure her daughter’s coffee cart, which had been installed
the day before, was safe. Plaintiff left the medical complex and
approached the intersection intending to turn left back down the
hill to the AM/PM. Plaintiff alleged she waited for her light to
turn green, then proceeded to make her left-hand turn.

Defendant J. L. Smith, in the course and scope of his employment
as a patrol officer for Pinkerton Security Services, was on his
way to his next stop. He was heading north on El Camino Real.
Defendant claimed the light changed from red to green when he was
at least 150 feet away from the intersection. Defendant claimed
plaintiff entered the intersection on the red light. Plaintiff’s
car was broadsided on the driver’s side in the middle of the
intersection. There were no eyewitnesses to the accident and
scant documentation regarding the existence or location of
physical evidence at the scene.

Trial was bifurcated on liability and damages.

Plaintiff’s Contentions:
Plaintiff contended she had the green light and defendant Smith
ran the red light.

Defendant’s Contentions:
Defendants contended Smith had the green light and that plaintiff
ran the red light.

Damages:
Concussion with brain contusion (with no surgery), 5 fractured
ribs, fractured spleen (with no surgery), soft tissue neck, back
and knees.