Frank Lonnie Roberts v. Estate of Chung Won Kang, et al.
Published: Mar. 15, 2001 | Result Date: Nov. 30, 2000 | Filing Date: Jan. 1, 1900 |Case number: GIC737853 Verdict – $388,479
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Johan Brahme
(medical)
M.C. Lopez
(technical)
Facts
On Oct. 31, 1998, at 11 p.m., Chung Won Kang, driving west in the eastbound lanes of Interstate 8 with a blood
alcohol level of .24, three times the legal limit, with no headlights, smashed head-on into the Toyota Camry
driven by Frank Roberts.
Both cars were traveling at highway speeds.
Kang was killed in the crash. He was survived by a wife, who reportedly left the country after KangÆs death.
Roberts, a 23-year-old race car mechanic, was seriously injured in the crash.
Settlement Discussions
The defendant offered $15,000 on July 21, 1999 but refused plaintiffÆs request to toll filing so that the plaintiff could negotiate with lien holders. The plaintiff demanded $300,000 on Sept. 19, 2000.
Specials in Evidence
$36,000 $29,000 $29,000 - $42,000 $25,000
Injuries
The plaintiff suffered severe, deep burns on his left arm, a broken wrist, back injury, numerous lacerations and concussion. The injuries resulted in the loss of profession due to pain and lack of mobility. The plaintiff had a skin graft using skin from the thigh, casting and bone stimulator for the wrist and chiropractic treatment of the neck and back. The injuries resulted in dark, permanent scars on the arm, elbow and leg. The plaintiff also suffered loss of strength and mobility in the wrist, requiring future bone fusion surgery.
Other Information
Because the defendants stipulated to liability, the jury was precluded from hearing evidence of KangÆs intoxication. The verdict was reached approximately one year and one month after the case was filed. <E>The plaintiffÆs expert, Dr. Brahme, testified to all of the plaintiffÆs treatment and future prognosis, based on Hope v. Arrowhead, 174 Cal.App.2d 222,230 (1959) and Estate of Gore, 119 Cal.App.2d 796,799 (1953).</E>
Deliberation
one day
Poll
unanimous (liability and damages)
Length
three days
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