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Personal Injury
Auto v. Truck
Left Turn Collision

Florine Nunn v. Richard D. Houston, et al.

Published: Sep. 24, 2005 | Result Date: Jul. 13, 2005 | Filing Date: Jan. 1, 1900 |

Case number: RIC392569 Verdict –  $218,581

Judge

Thomas Cahraman

Court

Riverside Superior


Attorneys

Plaintiff

Jeffrey R. Billings
(Law Offices Larry H. Parker)


Defendant

Timothy M. Younger
(Younger & Associates)


Experts

Plaintiff

Anthony G. Rodas
(medical)

Joseph T. Culverwell
(medical)

Jerilynn Kabel
(medical)

Defendant

Kendall S. Wagner M.D.
(medical)

Facts

Plaintiff Florine Nunn was driving her car when defendant Richard D. Houston, driving a truck, made a left turn in front of her car, causing a collision. The defendant admitted liability, but contested the nature and extent of the plaintiff's injuries.

Settlement Discussions

Prior to trial, arbitrator David Serena awarded the plaintiff $50,000. The plaintiff filed a request for trial de novo, which was granted. The plaintiff first made a C.C.P. Section 998 demand of $499,999.99 and subsequently reduced it to $129,999.99 before the first trial date. The defendants made a C.C.P. 998 offer of $60,000 and then $90,000 before the jury was empanelled.

Specials in Evidence

$18,581 $40,000

Injuries

Displaced knee fracture and soft tissue injuries requiring arthroscopic knee surgery and possible total knee replacement surgery.

Result

The jury awarded the plaintiff $28,281 in economic damages and $190,000 in non-economic damages for a total award of $218,581.

Other Information

The defendants' motion for a new trial based on excessive future damages was denied.

Deliberation

half day

Poll

12-0 (past economic damages, past non-economic damages, future economic damages), 11-1 (future non-economic damages)

Length

three days


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