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McBeath v. Bustos

2014 WL 1088000 (2014)

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McBeath v. Bustos

California Court of Appeal
2014 WL 1088000 (2014)

Facts

Graham McBeath (plaintiff) and Evan Bustos (defendant) were involved in a car accident in which McBeath fractured his neck. Due to his injuries, McBeath was hospitalized for two days and was prescribed painkillers. McBeath sued Bustos for negligence, requesting $36,513 in special damages for medical expenses and $250,000 in general damages for pain and suffering. McBeath presented expert testimony proving that he had been injured in the accident as well as uncontested evidence that he had suffered pain as a result of his injury. The trial court instructed the jury that it was required to award damages for each harm caused by Bustos’s negligence. The jury found Bustos negligent but determined that McBeath bore most of the fault for the accident. McBeath received $36,513 in special damages but no general damages. After the trial court denied his motion for a new trial, McBeath appealed.

Rule of Law

Issue

Holding and Reasoning (Epstein, J.)

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