Carol McCurry v. Carol Espinosa
Published: Mar. 25, 2003 | Result Date: Sep. 11, 2002 | Filing Date: Jan. 1, 1900 |Case number: 411594 Verdict – $280,249
Judge
Court
San Mateo Superior
Attorneys
Plaintiff
Defendant
Andrew M. Lauderdale
(Kreeft, Pedersen & Lauderdale)
Experts
Plaintiff
John D. Warbritton III
(medical)
Barbara Wendland
(medical)
Defendant
Gordon L. Levin M.D.
(medical)
Facts
The plaintiff, a 52-year-old female mail carrier and the defendant, a homeowner, engaged in a dispute which progressed to a physical contact, which resulted in the plaintiff sustaining injuries.
Settlement Discussions
The plaintiff submitted a demand of $200,000; the defendant offered $22,000.
Specials in Evidence
$29,471 $50,778
Injuries
Partial tear of rotator cuff, leading to surgery.
Result
The plaintiff was found 40 percent comparatively negligent, resulting in a net verdict of $168,150.
Other Information
During post-trial motions, judge Robert D. Foiles ruled that there was a negligent-type battery, subject to reduction for comparative fault of 40 percent, resulting in a net verdict of $168,150. Judgment paid.
Deliberation
seven hours
Poll
12-0 (battery and damages), 9-3 (comparative liability)
Length
five days
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