Anouk Rawkson v. PRB Management LLC
Published: Jul. 15, 2003 | Result Date: Apr. 2, 2003 | Filing Date: Jan. 1, 1900 |Case number: 01AS04218 Verdict – $4,900
Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Jeffrey Y. Nordlander
(Seyfarth Shaw LLP)
(medical)
Joseph Carinci
(medical)
Jesan Liu
(medical)
Defendant
Lynn Bates
(medical)
Peter L. Chase
(medical)
Facts
The plaintiff, a restaurant worker in his late 20s, along with his mother and sister, were customers at a Taco Bell restaurant in Sacramento. The plaintiff claimed that he bit into a 2 cm length wire that was in his burrito. His mother testified that she saw it come out of his mouth. The plaintiff reported the incident the night of the injury and filled out a written report the following day. The plaintiff sued the defendant for strict liability. The defendant denied liability and disputed the plaintiff's claim for alleged injuries.
Settlement Discussions
The plaintiff demanded $14,999 by way of C.C.P. Section 998. The defendant offered $5,001. Previously, an arbitration award of $16,000 was rejected by the defendant.
Injuries
The plaintiff claimed that the wire caused breakage of teeth numbers 29, 30 and 31, along with TMJ and cuts to the gums. The defense disputed the claimed injuries and argued that the symptoms could be explained by pre-existing bruxing (grinding).
Result
The plaintiff has filed a cost bill of $9,600; the defendant has filed its own of about $20,000. The plaintiff has filed motions for new trial and additur.
Other Information
On June 9, 2003, the trial judge granted plaintiff's motion for new trial. In the alternative, defendant was given the option to pay plaintiff a total of $10,650 (including plaintiff's costs). The defendant's cost bill of $20,007 was denied on plaintiff's motion to tax. The defendant has not yet elected to accept the additur.
Deliberation
two days
Length
six days
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