YOU BE THE JUDGE

The Facts

Russell Glen Day was driving his motorcycle when a car driven by William Honda struck him in an intersection. Mr. Day then filed this action against Mr. Honda, the County of San Bernardino, and the City of Fontana. As against the city and county, Mr. Day alleged in part that the county and the city created or had actual or constructive notice of overgrown vegetation on public and private property surrounding the intersection, and that such vegetation created a vision obstruction for motorists traveling through the intersection.

At the time of the accident, Day did not have liability insurance on his motorcycle as required by state law. Discovery of that fact prompted the county and the city to file a motion to exclude from trial any evidence of damages for pain and suffering.  The trial court granted the motion and excluded the evidence.

At trial, a jury determined that Day was not at fault in the accident. The jury awarded him $454,574.21 in economic damages and allocated responsibility for those damages between Honda (52 percent), the County (5 percent), and the City (43 percent). 

Day was given no compensation for his pain and suffering.
 

You Decide

Was the trial court right in not allowing evidence of pain and suffering?

                              <<Click Here for the Answer>>



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