FULL VIDEO AT THE END OF THE POST
The Accident Unfolds
Ms. Kinch was driving Ms. Rotar's car.
Ms. Rotar was the owner of the vehicle.
Ms. Rotar was not in the car at the time of the incident.
Ms. Kinch was driving in the middle left lane.
This lane was clogged with traffic.
She then moved into the right lane.
The right lane was clear.
Ms. Kinch stated she did not notice anyone walking.
She said there was nobody in the crosswalk.
She was approaching a stoplight.
Suddenly, Mr. Subtle stepped out into the road.
Ms. Kinch's car hit Mr. Subtle.
She immediately stepped on the brakes.
Mr. Subtle landed on the hood of the car.
He smashed the windshield.
Ms. Kinch stopped the car immediately after the impact.
Mr. Subtle remained on the hood for several minutes.
He was assessing himself during this time.
Then, Mr. Subtle slid off the car.
He went to the curb.
Good Samaritans assisted him at the curb.
Police were called to the scene of the accident.
Mr. Subtle's Account
Mr. Subtle confirmed he was jaywalking.
He admitted to weaving in and out of stationary cars.
He stated the cars were stationary.
He was crossing between two intersections.
The cars were waiting for a stoplight.
There were two lanes of traffic.
Both of these lanes were stationary.
The third lane was wide open.
Mr. Subtle checked for cars before stepping into that third lane.
He looked both right and left.
He claimed there were no cars in that lane when he stepped into the intersection.
That is where he met Ms. Kinch's car.
Mr. Subtle later sought medical attention.
He experienced back injuries and soreness.
He has been attending chiropractic care.
His diagnosis includes a back sprain, strain, and subluxation.
The Claims Presented
Ms. Kinch and Ms. Rotar were seeking compensation for the broken windshield.
Mr. Subtle was seeking compensation for his chiropractic care.
The cost of Mr. Subtle's chiropractic care was $592.76.
Ms. Rotar stated her car insurance covers glass damage.
There was a $250 deductible for this coverage.
The actual cost for the windshield replacement was $288.10.
The total claim amount for the windshield was $332.10.
This total included filing fees and transportation costs.
Ms. Rotar explained the car could not be driven due to the broken windshield.
Judge Judy's Initial Questions
Judge Judy questioned Ms. Kinch about the sequence of events.
She clarified that Ms. Kinch's car hit Mr. Subtle.
Ms. Kinch agreed her car hit him.
Judge Judy noted that Mr. Subtle came up on the front hood of the car.
She inferred that the car must have hit him pretty hard.
Judge Judy asked Mr. Subtle about the purpose of his jaywalking.
He explained he had forgotten his wallet.
He was meeting friends at a local pub.
The pub required identification.
He was going back to his car to retrieve his wallet.
He confirmed it was not an emergency.
Responsibility and Anticipation
Judge Judy addressed Ms. Rotar about the responsibilities of a driver.
She stated that a driver must be totally defensive.
Drivers must anticipate everything.
This includes children running out for a ball.
It also includes animals crossing the street.
She added that drivers must anticipate a seemingly intelligent, mature person weaving through cars.
This person would be trying to get to the other side of the street.
Judge Judy stated that but for Mr. Subtle's act, the windshield would not have been broken.
However, she also emphasized the driver's responsibility.
She said that when driving a car, one is almost totally responsible for what happens.
She noted that without the accident, the windshield would have been intact.
Insurance and Deductibles
Ms. Rotar confirmed she had insurance that covers glass damage.
She stated the deductible was $250.
The actual glass replacement cost was $288.10.
Judge Judy questioned the $332.10 claim amount.
Ms. Rotar explained it included filing fees and transportation.
Judge Judy focused on the actual out-of-pocket expense.
She identified this as $288.10.
Given the $250 deductible, Ms. Rotar's actual out-of-pocket expense was $250.
Ms. Rotar mentioned that Mr. Subtle's insurance adjuster called her.
This call was on Thursday, May 28th.
The adjuster was willing to settle the claim for half the amount.
Ms. Rotar clarified this was half of the total claim of $332.10.
Judge Judy suggested that Ms. Rotar should have taken that offer.
Judge Judy's Ruling
Judge Judy stated that each party was at least partially responsible.
She reiterated that a driver is almost per se responsible for anything they hit.
She acknowledged Ms. Kinch's terrific driving record.
She noted that Mr. Subtle was wrong to jaywalk.
She contrasted children running between cars with adults doing so.
Judge Judy emphasized the existence of jaywalking laws.
She stated Ms. Kinch was not breaking the law.
Mr. Subtle admitted he was jaywalking.
The Verdict
Mr. Subtle was ordered to pay $225.