Modica v. Riddle, et al.
Published: Oct. 22, 2005 | Result Date: Sep. 1, 2005 | Filing Date: Jan. 1, 1900 |Case number: 2002051077 Verdict – $4,479,730
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Scott Sumner
(Sumner Law)
Defendant
Aaron C. Hancock
(Bishop Barry)
Facts
Plaintiffs Sherry, Shannon, and Christina Modica, grandmother, mother, and daughter, were traveling on I-580 in their Toyota Rav 4 when a big rig driven by defendant Gerardo Murillo and owned by defendant KKW Trucking Inc. went out of control and became involved in a chain collision, crushing the plaintiffs' vehicle. The plaintiffs alleged that KKW Trucking and Michael Riddle, the driver of another vehicle, caused the collision. They contended that Murillo failed to drive in a safe manner given the congested traffic conditions. Riddle acknowledged his role in the accident.
Injuries
Sherry suffered a life-threatening pelvic fracture, dislocated hips, a fractured neck, permanent nerve injury to one leg, and numerous lesser injuries. She spent 10 days in a hospital and 20 days at a rehabilitation center. Shannon and Christina both suffered head injuries and concussions.
Result
The jury found that KKW Trucking and Riddle were each 50 percent liable for the plaintiffs' injuries. Sherry was awarded $2,589,589 ($839,589 economic, $1,750,000 non-economic) in damages. Shannon was awarded $54,407 ($24,407 economic, $30,000 non-economic) in damages. Christina was awarded $23,237 ($15,737 economic, $7,500 non-economic) in damages. Michael Modica, Sherry's husband, was awarded $12,500 for loss of consortium. Total net award: $2,679,733.
Other Information
PLEASE PROVIDE ADDITIONAL INFORMATION: (1) What was the comparative liability breakdown? Was Riddle found 50% liable? Were the plaintiffs found comparatively liable? (2) Did Riddle settle? How much did he pay the plaintiffs (if any)?
Deliberation
two days
Length
12 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390