This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury (Vehicular)
Automobile Accident
Dart Out

Miguel and Maria Rivera v. Mel O Dee Ice Cream, et al.

Published: Oct. 14, 1995 | Result Date: Sep. 22, 1995 | Filing Date: Jan. 1, 1900 |

Case number: 733186 –  $0

Judge

Frederick P. Horn

Court

Orange Superior


Attorneys

Plaintiff

Michael Francis Smith


Defendant

Donald V. Smiley

David A. Johansing


Facts

On June 1, 1994, Plaintiff Miguel Rivera, a 6-year-old child, and his sister Maria were on the front lawn of their home. An ice cream vending truck owned by Defendant Mel O Dee came down the street and parked across from Plaintiff's home. When Plaintiff's sister went to her father for money, Plaintiff ran across the street. He waited near the truck and then ran back into the street where he ran into the side corner of a Toyota Tercel automobile driven by Defendant Carmella Reda, traveling approximately 15 to 20 mph. Defendant Reda paid its policy limit of $15,000; prior to trial.

Settlement Discussions

Defendant Mel O Dee contends it made no offers and Plaintiff demanded $15,000 from Defendant Mel O Dee.

Specials in Evidence

$16,700

Injuries

Fractured left femur. Treatments and/or surgeries, current and/or future as well as residuals, were not disclosed.

Other Information

This case was filed this case on August 30, 1994; one year and 23 days prior to this result. A prior arbitration by Donald R. Beck resulted in a defense award; trial de novo by Plaintiff.

Deliberation

45 minutes

Poll

12-0

Length

2 days


#109145

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390