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Personal Injury
Auto v. Auto
Red Light

Pennie Schuberg v. Gibbs Security Gate Systems Inc., Harry Randy Gibbs, Jeffrey Alan Nott

Published: May 17, 2008 | Result Date: Apr. 14, 2008 | Filing Date: Jan. 1, 1900 |

Case number: 1233374 Verdict –  $1,137,250

Court

Santa Barbara Superior


Attorneys

Plaintiff

Louis Koory
(Mission Law Center)


Defendant

Marshall C. Frasher


Experts

Plaintiff

Philip Delio
(medical)

Marc Wilkerson
(medical)

Alan P. Moelleken M.D.
(medical)

Francis P. Lagattuta
(medical)

Charles H. Smith
(medical)

Defendant

John T. Dunn M.D.
(medical)

Richard D. Kahmann
(medical)

Facts

The case arose out of an auto accident, which took place on April 27, 2005 in Lompoc. The plaintiff was making a left turn out of a street adjacent to Vandenberg Air Force Base when defendant Jeffrey Alan Nott ran a red light and struck the driver's side of the plaintiff's Honda Civic at 50 mph.

Just prior to the accident, the plaintiff's husband and her daughter were in their truck turning right at the same intersection. They waved goodbye to the plaintiff, turned right and then heard the impact. When they turned around, they saw plaintiff's Honda being spun around in the intersection. The plaintiff's last recollection prior to the impact was seeing the truck grill heading towards her face.

The defendants admitted liability on the first date of trial after reviewing information provided by plaintiff's counsel regarding the defendant driver's multiple felony convictions and prior DUIs. The defendant disputed the nature and extent of plaintiff's injuries and damages.

Nott was employed by defendant Gibbs Security Gate Systems Inc. Gibbs was insured by Allstate Insurance Company and had a $1 million liability policy.

Settlement Discussions

Allstate made plaintiff a C.C.P. Section 998 offer on the eve of trial of $250,000. The plaintiff rejected the offer and made a 998 demand of $499,000.

Specials in Evidence

$108,383; $47,751; $37,100;

Damages

The plaintiff had $108,383 in past medical bills. She also lost earnings from her job as a hair stylist. Her doctors testified that she needed future medical care. All of the doctors agreed that her physical injuries were chronic in nature. The plaintiff's counsel asked the jury to award lifetime damages for plaintiff's chronic injuries, as well as future wage loss for her working life.

Injuries

The plaintiff suffered multiple injuries including a disc herniation at L5-S1, which required surgery to repair. She also suffered a neck sprain and a nerve injury to the left side of her face, which left her with some facial numbness. In addition to her physical injuries, the plaintiff suffered from post-traumatic stress disorder.

Result

Verdict for $1,137,249. There was a post-verdict Hanif reduction of $31,573 bringing the total judgment to $1,105,676. The plaintiff's costs and expert fees were approximately $20,000.

Deliberation

2.5 hours

Length

six days


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