Kenneth Ezpeleta v. Frederick Sanford
Published: Dec. 3, 2005 | Result Date: Aug. 4, 2005 | Filing Date: Jan. 1, 1900 |Case number: 1159232 Verdict – $46,195
Judge
Court
Santa Barbara Superior
Attorneys
Plaintiff
Richard L. Knickerbocker
(Knickerbocker Law Group)
Defendant
Keevil L. Markham
(Law Offices of Keevil L. Markham)
Experts
Plaintiff
Michael Goldsmith
(medical)
Defendant
Richard Sheinberg
(medical)
Facts
Plaintiff Kenneth Ezpeleta, 23, was riding his motorcycle in Santa Barbara. He was riding northbound on Cabrillo Boulevard, approaching the intersection with Channel Boulevard. Defendant Frederick Sanford was driving his pickup truck westbound on Channel Boulevard. When defendant turned left to go south on Cabrillo, he crashed into plaintiff who was riding straight. The police cited defendant, who had a stop sign, for failing to yield to the right of way. The plaintiff sued the defendant. The defendant conceded liability. The issue at trial was damages.
Settlement Discussions
The plaintiff made a demand (C.C.P. Section 998) of $200,000; defendant's offer was $45,000.
Injuries
The plaintiff sustained a fractured ankle and contusions from the crash. He underwent an open reduction and internal fixation, and claimed he would need ankle fusion in the future. His past medical costs were $18,210, which were reduced on a Hanif motion from $30,000 to the amount paid by the medical insurer. The plaintiff sought $25,000 in future medical costs and $1.5 million for past and future emotional distress. The defendant argued that the plaintiff's ankle would not require fusion. The defense asserted that the plaintiff only needed Ibuprofen for his aches and pains, orthotics and new running shoes annually so that he would have proper cushioning.
Result
The jury returned a verdict in favor of plaintiff and awarded him $46,195: $18,210 for past medical costs, $17,985 for future medical costs, $5,000 for past pain and suffering, and $5,000 for future pain and suffering.
Deliberation
six hours
Length
four days
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