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Personal Injury
Auto v. Pedestrian
Pedestrian Accident

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

Terence L. Bruiniers

Court

Contra Costa Superior


Attorneys

Plaintiff

Edward M. Mastrangelo


Defendant

Dennis F. Moriarty


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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