Maria Smith, Justino Elizalde v. Alex Montoya
Published: Jun. 10, 2003 | Result Date: Dec. 18, 2002 | Filing Date: Jan. 1, 1900 |Case number: GIC778013 Verdict – $40,000
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Richard C. Richley
(medical)
Jason Graney
(medical)
Larry L. Beveridge
(technical)
L. David Rutberg
(medical)
Defendant
Kenneth A. Solomon
(technical)
Facts
This case involved a head-on collision. The plaintiff contended that the defendant was driving recklessly and/or under the influence of drugs or alcohol, or was trying to commit suicide due to unfavorable results of a recent HIV related test. The defendant admitted negligence, but denied intentional conduct.
Settlement Discussions
The plaintiffs demanded $100,000 policy limits. The defendant made a C.C.P. Section 998 offer of $55,001.
Specials in Evidence
in excess of $15,000 $25,000
Result
The case then settled for $35,000.
Other Information
The plaintiffÆs motion for new trial or in the alternative additur, motion for judgment notwithstanding the verdict and motion to tax costs were all denied. The verdict was reached approximately 11 months after the case was filed.
Poll
12-0 (amount), 12-0 (no intentional conduct)
Length
four days
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