Bean
Bean v. Pacific Coast Elevator Corp.
Opinion
Opinion
Aaron, J.
I.
INTRODUCTION
Eric Lazear, an employee of appellant Pacific Coast Elevator Corporation (Pacific
Coast), ran his vehicle into appellant Daniel William Bean's truck while Bean was
stopped at a red light. Bean suffered serious injuries as a result of the accident and sued
Pacific Coast. A jury found Pacific Coast negligent and awarded Bean $1,271,594.74 in
damages, including $126,594.74 in economic damages, and $1,145,000 in noneconomic
damages. The trial court denied Pacific Coast's motion for new trial, granted Bean's
motion for prejudgment interest, and awarded Bean $34,830 in costs. The court entered
judgment in the amount of $1,306,424.74 in Bean's favor and ordered prejudgment
interest to be calculated on the entire judgment.
On appeal, Pacific Coast contends that the jury's noneconomic damage award is
excessive, that the trial court erred in instructing the jury on the basic speed law, and that
Bean's counsel committed misconduct during the trial. Pacific Coast further contends
that the trial court abused its discretion in finding that Bean's Code of Civil Procedure
section 9981 pretrial offer to settle was reasonable and…