Frank Mara v. David M. Boydston
Published: Mar. 22, 1997 | Result Date: Sep. 4, 1996 | Filing Date: Jan. 1, 1900 |Case number: V0088024 – $0
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Laurence F. Padway
(Law Office of Laurence F. Padway)
Experts
Plaintiff
Walter Christian Jr.
(medical)
David M. Contreras
(medical)
George Booth III
(technical)
Robert Lindskog
(technical)
Kulveen Sachdeva
(medical)
Defendant
Paul Kayfetz
(technical)
F. Richard Schneider
(medical)
Richard N. Stuart
(technical)
Facts
On Nov. 18, 1993, at about 6 a.m., plaintiff Frank Mara, a 50-year-old general manager, was injured when his southbound vehicle was struck head-on by defendant David Boydston's northbound vehicle on Crow Canyon Road in Alameda. The defendant saw the eyes of a deer reflected in his headlights to the right of the roadway coming into his lane, and swerved back, which caused him to lose control of his vehicle and collide with the plaintiff's vehicle. The plaintiff brought this action against the defendant based on negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $1.8 million. The defendant made a C.C.P. º998 offer of compromise for $100,000.
Specials in Evidence
$40,000+ $80,000 (per year)
Injuries
The plaintiff alleged he suffered from myofascial pain syndrome and a possible herniation at C5-6.
Other Information
The plaintiff's motion for a new trial was denied. According to the defendant, when the jury advised that a verdict had been reached, the plaintiff said he wanted to accept the $100,000, but the defendant withdrew the offer and took the verdict. EXPERT TESTIMONY: The defendant's expert testified that the plaintiff had no objective findings of any injury that would substantiate his ongoing complaints or his failure to return to work.
Deliberation
___ (hours/days)
Poll
12-0
Length
4 days
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