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
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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