David Diltz v. Robert Mack; Greene's Ready Mixed Concrete Co.
Published: Mar. 29, 1997 | Result Date: Feb. 25, 1997 | Filing Date: Jan. 1, 1900 |Case number: SC025424 – $0
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Steven J. Brady
(Brady Law Group)
Defendant
Experts
Plaintiff
Lynn Matityahu
(technical)
Tamorah Hunt
(technical)
Sandra Schneider
(technical)
Defendant
Gerald P. Bretting
(technical)
Facts
On July 14, 1993, plaintiff David Diltz, a 35-year-old window washer/glazier, claimed that he was riding his motorcycle in front of defendant Greene's Ready Mixed Concrete Company's mixer when he was rearended by defendant Robert Mack, the cement mixer operator, at a stop light. He claimed that the mixer stopped on his left foot causing his left thigh to be impaled on the center stand of the motorcycle. The plaintiff brought this action against the defendants based on negligence and respondeat superior theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $250,000. The defendants made a C.C.P. º998 offer of compromise for $50,000.
Specials in Evidence
$80,000 $70,000 $250,000 $27,000
Injuries
The plaintiff suffered the amputation of the big and second toes of his left foot, and a major laceration of his left-thigh. The plaintiff also claimed neck and back soft-tissue injuries, depression and post-traumatic stress disorder.
Other Information
The verdict was reached approximately three years and six months after the case was filed. An arbitration was held on Dec. 15, 1994 before Josh Aiklen, Esq. resulting in an award of $206,970. The defendants requested a trial de novo.
Deliberation
40 minutes
Poll
12-0
Length
7 days
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