Eugene Ahm v. City of San Diego; Joe Franko
Published: Jan. 18, 1997 | Result Date: Dec. 18, 1996 | Filing Date: Jan. 1, 1900 |Case number: 690322 – $20,000
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
James Grisolia
(medical)
Defendant
John A. Aalbers
(medical)
Norman Sperber
(medical)
Facts
On Jan. 25, 1995, plaintiff Eugene Ahm, a 42-year-old teacher/coach, was traveling behind defendant Joseph Franko when Franko suddenly slowed down on a freeway on-ramp. The plaintiff braked, but a police car driven by the defendant police officer did not, and that vehicle rearended the plaintiff's vehicle. The plaintiff brought this action against the two drivers and the city of San Diego, which employed the officer, based on negligence theories of recovery. The police officer was dismissed before trial.
Settlement Discussions
The plaintiff made a settlement demand for $50,000. The defendant city made a C.C.P. º998 offer of compromise for $40,000. (After the film depicting the plaintiff coaching football was shown, the plaintiff's attorney inquired if the defendant city's CCP º998 offer was still open. It was not.)
Specials in Evidence
$12,000 $14,000 $40,000 $5,000
Damages
The plaintiff claimed $180,000 in damages at trial.
Injuries
The plaintiff alleged soft tissue and temporomandibular joint injuries.
Other Information
The verdict was reached approximately one year and five months after the case was filed. ARBITRATION: An arbitration was held on May 9, 1996 resulting in an award of $65,000. The defendant city requested a trial de novo. POST TRIAL MOTION: Based on the defendant city's CCP º998 offer, the defendant city is seeking its costs and expert fees.
Deliberation
3+ hours
Poll
_________ (#s pls.)
Length
5 days
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