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Personal Injury (Vehicular)
Bicycle Accident
Negligence

Salvatore Benanti v. Suzanne Simons

Published: Jan. 25, 1997 | Result Date: Dec. 11, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 739731 –  $9,080

Judge

Dennis Keough

Court

Orange Superior


Attorneys

Plaintiff

Michael A. Gould
(The Gould Law Firm)


Defendant

Neil H. Brown


Facts

On Feb. 10, 1994, plaintiff Salvatore Benanti, a 65-year-old retired salesman, was riding his bicycle on the south sidewalk, crossed the intersection and was struck by a vehicle operated by defendant Suzanne Simons. The defendant had a stop sign and was intending to turn right. The plaintiff brought this action against the defendant based on negligence theory of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $30,000 (policy limits). The defendant made a C.C.P. º998 offer of compromise for $7,500 (with indication that she would go as high as $15,000).

Specials in Evidence

$3,080 $10,000

Injuries

The plaintiff alleged that he suffered a torn rotator cuff but cannot have surgery because of a prior heart condition.

Other Information

The verdict was reached approximately two years after the case was filed.

Deliberation

5+ hours

Poll

12-0

Length

4 days


#105935

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