Barbara Bedford, as Guardian ad Litem of her minor children, Julian Bedford and Whitney Bedford v. Christopher Douglas Waxler
Published: Sep. 24, 2005 | Result Date: May 12, 2005 | Filing Date: Jan. 1, 1900 |Case number: CV147784 Verdict – $0
Judge
Court
Santa Cruz Superior
Attorneys
Plaintiff
G. Dana Scruggs III
(Scruggs, Spini & Fulton)
Defendant
Dennis P. Howell
(Grunsky Ebey Farrar & Howell)
Experts
Plaintiff
David M. Yoshida M.D.
(technical)
Lowell S. Young
(medical)
Defendant
Thomas C. Christensen
(technical)
Martin Rubenstein
(medical)
Facts
Julian Bedford, 12, was riding his skateboard on the sidewalk of Soquel Drive. He entered the crosswalk at Soquel Drive's uncontrolled intersection with Orchard Street, intending to cross Soquel Drive. He was struck by an SUV driven by Christopher Waxler, who was driving on Soquel Drive.
Settlement Discussions
The plaintiffs demanded the $100,000 limit on Waxler's policy. Waxler offered $65,000 to Julian.
Injuries
Julian suffered a ruptured spleen for which he underwent a splenectomy. An infectious disease expert testified that Julian would suffer an increased risk of septosemia, which has a five percent mortality rate. Whitney claimed that she suffered emotional distress as a result of witnessing the accident. The plaintiff's counsel suggested an award of $411,000 for Julian and a reasonable amount for Whitney. Defense counsel requested that the jury award no more than $40,000, which would be enough for a college fund.
Other Information
An appeal was dismissed in exchange for waiver of costs.
Deliberation
one hour
Poll
11-1
Length
three days
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