Michael Buzzell v. Bartz Construction
Published: Apr. 5, 1997 | Result Date: Oct. 7, 1996 | Filing Date: Jan. 1, 1900 |Case number: 365497 – $0
Judge
Court
San Mateo Superior
Attorneys
Plaintiff
Defendant
Michael J. Boland
(Imai Tadlock Keeney & Cordery LLP)
Experts
Plaintiff
Raul Gursado
(medical)
Lee French
(technical)
Robert Lindskog
(technical)
Defendant
Daniel Meub
(medical)
Facts
On Sept. 6, 1990, plaintiff Michael Buzzell, a 40-year-old truck driver, was working at a construction site managed by defendant Bartz Construction, the general contractor. The plaintiff was backing down a one-lane mountain road to deliver slurry to the paving machine. The plaintiff was attempting to back down the steepest and sharpest curve without assistance when the roadway gave way. The plaintiff's truck fell down the mountain injuring the plaintiff. 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 demad for $__________. The defendant made a settlement offer of $40,000.
Specials in Evidence
$100,000 $143,314 $64,545 $25,000
Injuries
The plaintiff alleged he sustained a concussion, neck and back injuries, possible lumbar root compression, tinnitus and loss of balance.
Other Information
The verdict was reached approximately five years after the case was filed. An arbitration was held on April 12, 1996 before Judge Melvin Cohn, retired, resulting in a defense award.
Deliberation
1 hour
Poll
10-2
Length
7 days
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