Angela Lin, Paul Lin, Amy Lin, Kim Lin v. Mariann Lomonaco
Published: Jul. 22, 2003 | Result Date: Apr. 1, 2003 | Filing Date: Jan. 1, 1900 |Case number: 01CC16174 Verdict – $165,309
Judge
Court
Orange Superior
Attorneys
Plaintiff
Allan E Perry
(Law Offices of Allan E. Perry)
Defendant
Juan C. Delgado
(Ford, Walker, Haggerty & Behar LLP)
Experts
Plaintiff
Jon B. Landerville P.E.
(technical)
David M. Lechuga Ph.D.
(medical)
Curtis Buciaem
(medical)
Paul E. Wakim
(medical)
M. Michael Kreidie
(medical)
Defendant
Michael Strizak
(medical)
Glenn W. Fowler
(medical)
John F. Perry
(technical)
Facts
The plaintiff, a 7-year-old girl, was struck by the defendant's car as she crossed the street at about 7:00 p.m. The plaintiff's mother was on one side of the street but her back was turned. The plaintiff's father and her 6-year-old sister were across the street and waiting in front of a building. The plaintiff crossed the street by herself and admitted that she didn't look both ways before crossing. There was also evidence that another vehicle was moving slowly in the opposite lane of travel and that this partially blocked the defendant's vision. There was also evidence that the defendant was probably exceeding the speed limit of 25 mph.
Settlement Discussions
The plaintiff demanded $100,000; her sister demanded $500; her father, $1,000 and her mother $5,000. There were no offers.
Injuries
The plaintiff sustained a head injury that caused at least one seizure and experts testified that she continued to have symptoms of brain injury. The plaintiff's right leg was fractured and healed. The parties disputed the long term prognosis for the head and leg injuries.
Result
The gross verdict was $165,309 but this was reduced to $33,602 net upon the jury's finding of 80 percent comparative fault.
Deliberation
seven hours
Length
seven days
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