Photographer Awarded $1.6 Million in Damages : Courts: The New York Times staffer was hit by a car while standing outside an Anaheim hotel.
SANTA ANA — An Orange County jury Thursday awarded $1.6 million to a New York Times photographer who was hit by a Nissan 300ZX as he was standing outside an Anaheim hotel.
Barton Silverman suffered severe injuries to his right leg from the accident, which occurred on Jan. 23, 1987. He was staying at the Anaheim Marriott hotel before Super Bowl XXI--an event that he was assigned to photograph for his newspaper. The game was held at the Rose Bowl in Pasadena.
One of the witnesses who saw the accident and testified during the trial was Los Angeles Dodgers Manager Tommy Lasorda.
“It very nearly could have been him hit by the car,†Silverman’s attorney said, referring to Lasorda. “He was lucky.â€
Lasorda testified that he saw the car go out of control and went to help Silverman and another injured man, attorneys said.
Richard W. Swenson, driver of the vehicle, testified that the brand new sports car with less than 500 miles on it had unaccountably and spontaneously accelerated out of control. He blamed the accident on a car malfunction.
Silverman sued Swenson, Coast Nissan, the owner of the car, and Nissan Motor Co. Ltd., seeking more than $2 million in damages. Coast Nissan, an Orange County dealership, has since gone out of business.
After deliberating about seven hours, the jury ruled that Swenson and Coast Nissan, as the owner of the vehicle, were liable. The jurors found that Nissan Motor Co. was not responsible.
“My client is extremely happy,†said Silverman’s attorney, Larry R. Feldman. “The jury did its job and found who was responsible.â€
Dennis M. Alevizon, Swenson’s attorney, said: “The verdict is on the high side, but it’s not outrageous.â€
Alevizon told the jury in his closing argument that he thought Silverman was entitled to about $700,000 in damages.
“He suffered some serious injuries,†he said.
Alevizon, however, said the jury may have awarded too much for economic losses. He said Silverman is still a staff photographer with the New York Times.
Silverman’s attorney contended his client’s injuries prohibit him from covering sporting events--a field in which he was highly regarded.
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