Philip Thibodeau v. Jeffrey Hardy and John Osborne, et al.
Published: Jul. 22, 1995 | Result Date: Jun. 21, 1995 | Filing Date: Jan. 1, 1900 |Case number: CV74195 – $0
Judge
Court
San Luis Obispo Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Daniel E. Vincent
(medical)
Harold L. Segal
(medical)
Margaret E. Elfering
(medical)
Daniel W. Woods
(medical)
Defendant
Lawrence P. Harter M.D.
(medical)
Anthony C. Trippi
(medical)
Facts
On September 25, 1992, Plaintiff Philip Thibodeau was driving his automobile at approximately 10 to 15 mph on a residential street. Defendant Jeffrey Hardy, driving a pickup truck owned by his stepfather, Defendant John Osborne, was backing out of the driveway along the street at approximately 5 miles per hour. The Defendant's truck struck Plaintiff's vehicle on the rear quarter panel of the driver's side. At the time of the accident, Plaintiff was a 71-year-old retiree.
Settlement Discussions
Defendants contend they demanded policy limits of $100,000 and Defendants offered $2,500, raised to $15,000 prior to trial. Plaintiff contends that Defendants' last offer was $2,500.
Specials in Evidence
$7,500 $20,000
Damages
In addition to past and future medical expenses, Plaintiff claimed general, non-economic damages of $145,000 to $175,000.
Injuries
C4-6, L1-2, and L4-5 herniations requiring chiropractic treatment with subsequent MRIs of the cervical and lumbar spine and possible future 2-level cervical fusion, followed by lumbar surgery.
Other Information
A prior arbitration by Richard P. Weldon resulted in a Plaintiff's award in the amount of $59,951; trial de novo by Defendants.
Deliberation
1 hour
Poll
11-1 negligence of Defendant, 11-1 causation in favor of Defendant
Length
3 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390