Kenneth Diddens, Donna Diddens v. Duane Allen Conner, Conner's Well Drilling
Published: Mar. 29, 2001 | Result Date: Dec. 15, 2000 | Filing Date: Jan. 1, 1900 |Case number: C98061 Verdict – $706,000
Judge
Court
Modoc Superior
Attorneys
Plaintiff
Roger A. Dreyer
(Dreyer, Babich, Buccola, Wood & Campora LLP)
Christopher W. Wood
(Husch Blackwell)
Defendant
Experts
Plaintiff
Garreth Dale Perrine
(technical)
Defendant
Richard N. Stuart
(technical)
Facts
The plaintiffs were traveling westbound on State Route 299 just outside of Alturas. Defendant Duane Allen
Conner of ConnerÆs Well Drilling was traveling eastbound on State Route 299 heading toward the town of
Alturas. Conner made left hand turn into the Auction Yard Cafe across the westbound lane of traffic and in
front of the DiddensÆ vehicle. Diddens slammed on the brakes and jerked the steering wheel to the right. The
DiddensÆ vehicle broadsided the ConnerÆs pick-up six feet north of the pavement edge and in the parking lot of
the Auction Yard Cafe.
Settlement Discussions
The plaintiffs offered to resolved Donna DiddensÆ case for $250,000 prior to trial. Kenneth Diddens made a C.C.P. Section 998 demand of $250,000, for a global resolution of $275,000. The defendants offered $50,000 globally until the week before trial when $100,000 was offered for a global settlement.
Specials in Evidence
$16,551 (Kenneth Diddens); $92,927 (Donna Diddens) Kenneth Diddens was 66 years old at the time of the accident and retired, so no wage loss claim was presented. Donna Diddens was also 66 years old at the time of the accident and no wage loss claim was made..
Injuries
Kenneth Diddens sustained a soft tissue injury to his sternum. He claimed loss of consortium and Dillon v. Legg. Donna Diddens suffered internal injuries requiring emergency surgery at Mercy Hospital in Redding. Her spleen was removed as well as an ovary. She had liver damage and pancreatic damage which was repaired with surgery. She suffered from chronic low back and leg pain following the accident as a result of spondylolisthesis at L5-S1. She also suffered a dislocation fracture of her left foot which caused permanent pain and difficulty with walking.
Deliberation
six hours
Length
five days
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