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Personal Injury
Auto v. Truck
Negligent Entrustment

Marciano Meda, Pedro Gonzalez v. James G. Johnson, Greg Johnson, Ready Mix, Robert Sean Roper

Published: Aug. 23, 2008 | Result Date: Jul. 10, 2008 | Filing Date: Jan. 1, 1900 |

Case number: 07CC07650 Verdict –  $101,748

Court

Orange Superior


Attorneys

Plaintiff

Marvin Kay


Defendant

Mark A. Weinstein
(Veatch Carlson LLP)


Experts

Plaintiff

Brent M. Pratley
(medical)

William Thomas
(medical)

Defendant

Kendall S. Wagner M.D.
(medical)

Facts

On Nov. 30, 2005, plaintiff Marciano Meda, 52, was driving a pickup truck with plaintiff Pedro Gonzalez, 19, in the passenger seat. Meda was in the diamond lane on State Route 57 when defendant Robert Roper, who was driving a cement truck being tested for employment with defendant Greg Johnson Ready Mix, hit them. Roper lost control of the truck, struck a third vehicle, veered into plaintiff's' lane and came to stop approximately 20 feet in front of his truck.

The plaintiffs sued defendants and James Johnson for motor vehicle negligence as well as negligent entrustment. At mediation with William R. Sheffield, Gonzalez settled out for $65,000. The defendants stipulated to liability on the first day of trial.

Injuries

The plaintiffs suffered multiple injuries, including a fractured sternum; pain in his neck, mid-back, and lower back; and disc protrusion due to basic degenerative changes

Result

The jury found for Meda, awarding him $101,747.50.

Other Information

Dr. Pratley, plaintiffs' treating orthopedic M.D., was served with a subpoena to appear at trial and refused to appear or testify. His deposition was read into the trial record.

Poll

12-0


#107906

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