Facts

On Sept. 24, 2004, plaintiffs Richard Toland, Deanna Summers, and Jennifer Sanchez were at the Kern County Fair, where defendant Noel Arredondo owned and operated a Mexican food concession booth. Arredondo had parked his utility cart behind his booth when around 9:50 p.m., the cart began moving in reverse and struck several people, including the three plaintiffs. The cart eventually came to rest against a dumpster where the wheels were still spinning.

PLAINTIFF'S CONTENTIONS:
The plaintiffs claimed the cart started by itself due to a lack of maintenance, allowing the accelerator pedal to get stuck in the down position. The hand brake was left off, and the cart was left in reverse.

DEFENDANT'S CONTENTIONS:
Defendant Noel Arredondo contended that he parked the cart, as he had done at the Kern County Fair and others over a twenty-year period, in neutral, with the shift mechanism locked out, pocketing the only key, setting the hand brake, and that unknown persons tampered with the cart and broke the mechanism, sending it in motion, since it had no mechanical problems prior to that moment. Two persons were pursued as suspects, with one placed in handcuffs at the scene.

Settlement Discussions

Defendant Noel's Food, Inc. served C.C.P. section 998 offers of $1,000 for Richard Toland, $1,000 for Deanna Summers, and $500 for Jennifer Sanchez. Before trial, defendant Arredondo offered Toland $85,000, Summers $14,500, and Sanchez $7,500, followed by a high-low offer of $50,000-$150,000 for plaintiff Toland, and high-lows of $7,500-$30,000 for plaintiffs Summers and Sanchez. Plaintiff Richard Toland demanded $565,000 at mediation (as per plaintiff's counsel/disputed by defense counsel) and $700,000 in a C.C.P. section 998 demand. Deanna Summers demanded $29,000 in a C.C.P. section 998 demand. Jennifer Sanchez demanded $4,800 in a C.C.P. section 998 demand.

Specials in Evidence

$36,340 for Toland; $8,558 for Summers; $2,585 for Sanchez.

Damages

Plaintiff Richard Toland claimed $36,340 in past medical specials, over $100,000 in past earnings, and over $100,000 in future wage loss, as he had to change jobs from an aerospace technician to an "operator". He also claimed $180,000 in future medical specials. Plaintiff Deanna Summers contended that injuries to her lower leg, shoulder, and neck prompted past medical specials in the amount of $8,558. She claimed she would need future shoulder and neck surgery at over $120,000. She also claimed damages for lost wages. Plaintiff Jennifer Sanchez claimed past medical specials in the amount of $2,585. Her main compensation component was that her blouse ripped open during the accident, exposing her breasts to a crowd of more than 100 persons at the fair, causing severe embarrassment and stigma. She claimed no lost wages. According to defense counsel, plaintiffs asked the jury for a combined $1,050,000 at trial.

Injuries

Plaintiff Richard Toland suffered medial collateral ligament tear, twitching in the left arm. Plaintiff Deanna Summers suffered back and neck soft tissue injuries, shoulder impingement syndrome causing neck and back stiffness. Plaintiff Jennifer Sanchez suffered soft tissue injuries.

Result

As against defendant Noel Arredondo, plaintiffs' verdict for $654,646 ($527,471 for Toland; $114,590 for Summers; $12,585 for Sanchez) after 10 days of jury trial. As against defendant Noel's Food, Inc., directed verdict in favor of the defendant after nine days of jury trial. Dismissal for defendant State of California and Kern County Fair.

Other Information

Defendant Arredondo will appeal the denial by the court of his motion for directed verdict as against all three plaintiffs. Defendant Noel Foods will have a monetary costs judgment against all three plaintiffs. FILING DATE: April 8, 2005.

Deliberation

two days

Poll

9-3 (liability), 11-1 (damages), 12-0 (all questions)

Length

10 days