Andre Studer v. Mary G. Rossi; Ford Motor Company, et al.
Published: Jul. 22, 1995 | Result Date: Jun. 16, 1995 | Filing Date: Jan. 1, 1900 |Case number: BC087029 – $213,702
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Maryann P. Gallagher
(Law Offices of Maryann P. Gallagher)
Defendant
Michael C. Robinson
(Robinson Employment Law PC)
Experts
Plaintiff
Cory Gray
(technical)
Joy Cook
(technical)
Robert Freundlich
(medical)
Joyce Elaine Pickersgill
(technical)
Defendant
James R. High
(medical)
Andrew E. Levitt
(technical)
David R. Knowles
(technical)
William G. Broadhead
(technical)
Carley C. Ward
(technical)
Eddie Cooper
(technical)
Allan M. Nahum
(technical)
Facts
On September 20, 1992, Plaintiff Andre Studer, a 23-year-old college student working as a medical courier, was traveling westbound on the 134 Freeway between Pasadena and Glendale in the number one lane. Defendant 82-year-old Mary Rossi attempted to make a lane change from the number three lane to the number two lane; when she became "apprehensive," she swerved back into the number three lane, lost control, entered the number four lane and right shoulder, fishtailed across the freeway, and struck Plaintiff's vehicle in the right rear. Plaintiff was driving a 1987 Ford Ranger and was thrown into a clockwise yaw, went sideways; and the vehicle rolled over 2 or 3 times. During the rollover, Plaintiff was ejected from the vehicle. Although Plaintiff's vehicle had been modified with a lift kit and oversized tires, this fact was not in evidence.
Settlement Discussions
Defendant Ford contends it made a 998 offer of $150,000 increased to $200,000; Defendant Rossi offered $50,000 (policy limits); and Plaintiff demanded $4,000,000. Defendant Rossi contends it made a policy offer of $50,000; Plaintiff made no demands. Plaintiff contends he demanded $4,000,000 and Defendant Rossi made a 998 offer in the amount of $50,000.
Specials in Evidence
$200,000 $1,800,000 potential loss of capacity
Damages
Plaintiff claimed $3,000,000 pain and suffering.
Injuries
Right-sided skull fracture and head trauma which caused erosion of brain tissue in the frontal lobe, loss of intelligence and short term memory and demonstrable, adverse personality change; cortical blindness in the right eye; right ear hearing loss; loss of complete sense of taste and partial sense of smell; coma for 10 to 15 days. Following the accident, Plaintiff, who had purportedly been a "B-plus" student, attended remedial classes for brain-injured persons; his grades went to C's and D's.
Deliberation
3.5 days
Poll
12-0 liability; 10-2 damages (one higher, one lower)
Length
21 days
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