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Personal Injury
Auto v. Truck
Right of Way

Ray Ortega v. La Canasta Furnishings, et al.

Published: Feb. 19, 2011 | Result Date: Nov. 4, 2010 | Filing Date: Jan. 1, 1900 |

Case number: SCVSS130016 Arbitration –  $900,000

Court

San Bernardino Superior


Attorneys

Plaintiff

Gary A. Dordick
(Dordick Law Corporation)


Defendant

Mark R. Devey


Experts

Plaintiff

Ted M. Kobayashi
(technical)

Defendant

Kerry A. Berg
(technical)

Facts

On March 29, 2005, at the intersection of Slover Avenue and Alder Avenue in San Bernardino, plaintiff Ray Ortega dropped his clipboard and was momentarily distracted. While plaintiff looked down towards the clipboard, defendant Guadalupe Mora pulled from the stop sign. Plaintiff delayed braking and ran into the rear corner of defendant's truck.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant was the sole cause for violating plaintiff's right of way.

DEFENDANT'S CONTENTIONS:
Defendants contended that plaintiff had five to seven seconds unaccounted for and thus was either the cause of the accident or had significant comparative negligence.

Damages

Plaintiff and defendants stipulated to plaintiff's damages of $900,000. The case was arbitrated as to comparative negligence only.

Result

Arbitration award for $900,000.

Other Information

The judge found the defendant 100 negligent. ARBITRATOR: Hon. Dennis G. Cole, retired.


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