William Osterman, Lisa Osterman v. Patrick Christian Gonzales, Henry Gonzales Jr.
Published: Apr. 22, 2003 | Result Date: Feb. 3, 2003 | Filing Date: Jan. 1, 1900 |Case number: C0103758 Verdict – $210,000
Judge
Court
Contra Costa Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Joanna Moss
(technical)
Sheldon Kabaker
(medical)
Mark B. Shattuck
(technical)
Myla Young
(technical)
Jonathan Mueller
(medical)
Carol R. Hyland M.A.
(technical)
Defendant
Richard F. Gravina
(medical)
Ralph J. Kernan
(medical)
Richard N. Stuart
(technical)
Laurence Elson
(medical)
C. Arthur Sciaroni
(medical)
Facts
In the early morning hours of Sep. 26, 2000, when it was still dark, the plaintiff was running north on Moraga Way towards downtown Orinda in the east bicycle lane when he was struck by the defendant who was at the wheel of his vehicle.
Settlement Discussions
The plaintiff submitted a demand of $1.2 million. The defendant offered made a C.C.P. Section 998 of $200,000.
Specials in Evidence
$110,000 $500,000 (inclusive of future wage loss and pain and suffering)
Injuries
The plaintiff contended he suffered a fractured toe on the right foot, severe abrasions of both knees, injury to the lateral right knee and posterior right calf, some minimal facial scarring and a closed head injury resulting in alleged memory problems.
Result
The jury awarded the plaintiff $210,000 but found him 30 percent at fault, reducing the net award to $147,000.
Deliberation
five hours
Length
11 days
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