John A. and Shawn A. Gibson v. C.V. Enterprises; Charles Billy Johnson, et al.
Published: Sep. 9, 1995 | Result Date: Jul. 20, 1995 | Filing Date: Jan. 1, 1900 |Case number: ED003851 – $851,000
Judge
Court
L.A. Superior Glendale
Attorneys
Plaintiff
Defendant
Elizabeth A. Moreno
(Elizabeth A Moreno, Prof Corp)
Noel E. Macaulay
(Schwartz & Janzen LLP)
Experts
Plaintiff
Joel Clarfield
(medical)
Richard Nussbaum
(medical)
Richard H. Andolsen
(technical)
Timothy J. Reust
(technical)
William Josephs
(medical)
Raymond G. Schultz
(technical)
Defendant
Alfred D. Chichester
(technical)
Terrence C. Honikman
(technical)
Jacob E. Tauber M.D.
(medical)
Martin D. Levine
(medical)
Charles F. Plemons Jr.
(technical)
Kenneth B. Janeski
(technical)
Facts
On March 28, 1990, Plaintiffs John Gibson and his son Shawn were traveling southbound on the I-5 Freeway in a one-ton work truck. John Gibson was a 39-year-old self-employed plumber; and Shawn Gibson was a 24-year-old plumber's assistant. They exited the freeway on Alameda Avenue and were located at the end of the offramp when a series of events leading to the subject multiple vehicle incident, began to occur. Nearly simultaneously, Defendants C.V. Enterprises' tractor/trailer rig driven by Charles Billy Johnson, drove over a piece of sheet metal in the number 3 southbound lane of the I-5 Freeway, before the Alameda Avenue exit. The sheet metal struck the undercarriage of the 16-wheeler tractor, severing its diesel tank fuel lines, and causing diesel fuel to spill onto the number 3 lane of traffic. Traveling behind the big rig was a 1987 Toyota van operated by Defendants Parties Plus and driven by its employee, Defendant Hector Chavez. When the van encountered the fuel in the roadway, it began to fishtail, swerved across the number 3 and 4 lanes of traffic, across the shoulder, down an embankment, and struck Plaintiff's vehicle. The portion of the freeway where the Defendant Parties Plus' van lost control was a slight curve to the left.
Settlement Discussions
Plaintiff contends they demanded $1,000,000 for John and $100,000 for Shawn; and Defendants Parties Plus and its driver offered $300,000 to John and $75,000 to Shawn. Defendant C.V. Enterprises and Charles Billy Johnson contend they made 998 offers of $49 to John Gibson and $28 for Shawn Gibson.
Specials in Evidence
$83,433 (John), $16,010 (Shawn) $100,000 to $500,000 (John), not quantified (Shawn) yes, unspecified (John)
Injuries
John Gibson: C5-6 herniated disc requiring discectomy and fusion; aggravation of preexisting L1 injury requiring physical therapy; this Plaintiff claimed disability from continuing to work as a plumber, an occupation he had practiced for 15 years. Shawn Gibson: Soft tissue shoulder requiring physical therapy; good recovery.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390