Michael Johnson, et al. v. State of California, et al.
Published: Mar. 9, 1996 | Result Date: Feb. 2, 1996 | Filing Date: Jan. 1, 1900 |Case number: SM071184 – $1,500,000
Court
Santa Barbara Superior
Attorneys
Plaintiff
R. Thomas Wire
(Law Office of R. Thomas Wire)
Defendant
Experts
Plaintiff
Robert Failing
(medical)
Thomas Carroll
(technical)
Harry J. Krueper Jr.
(technical)
Terri Furukawa
(medical)
Defendant
Thomas A. Boster
(technical)
Ed J. Ruzak
(technical)
Facts
On April 8, 1990, the decedent, a 29-year-old legal office manager, was involved in a two car collision which occurred on U.S. Highway 101, south of Santa Maria. The decedent's vehicle went out of control, rotated and slid in a clockwise motion off the road. The driver's side of the vehicle, in the area between the front and the rear door, struck the states end post and breakway terminal of the guardrail. The plaintiffs, Michael Johnson (husband), Clara Clark (mother), William Clark (father), Mary Hunt (sister), Kim Carpenter (sister), William Clark (brother) and Steven Clark (brother), brought this action against the defendants based on negligent construction and maintenance of a dangerous condition theory of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand of $779,000 which was reduced to $399,000. The defendants made a settlement offer of $75,000.
Damages
The plaintiff claimed wrongful death economic damages of $1,448,545 (present value).
Injuries
Death of a spouse, daughter and sister.
Other Information
The verdict was reached approximately five years after the case was filed. The defendant's expert's were impeached by a Federal Highway Administration document which stated that the post should break, not lay down. Per the plaintiff, this verdict is the largest to come out of Santa Maria. Interest on the judgment is approximately $332,000.
Deliberation
1 day
Poll
12-0
Length
12 days
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