Fernando Vicente Ferriera v. John Fewel
Published: Mar. 16, 1996 | Result Date: Feb. 9, 1996 | Filing Date: Jan. 1, 1900 |Case number: 686769 – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Rian W. Jones
(Epsten, Grinnell & Howell APC)
Experts
Plaintiff
Jan Fronek
(medical)
Edward N. Jungers
(technical)
Defendant
Kenneth S. Obenski
(technical)
Peter B. Wile
(medical)
Facts
On October 16, 1994, in the evening hours between 6:15 and 7:00 the plaintiff, a 45-year-old professional tennis player/instructor, and his twelve year old student were riding their mountain bikes south on La Jolla Boulevard. Traffic was heavy at that time. The plaintiff alleged that a large American made car turned left in front of him and that he struck the right rear quarter panel of the vehicle, causing him to fly off his bike and strike the ground. The plaintiff's student was not injured. The plaintiff alleged that the defendant, John Fewel, was driving the car that caused the accident and pulled into the parking lot of Milligan's Restaurant, where he valet parked his car and left the scene of the accident. The plaintiff was taken from the scene by ambulance and no witnesses were able to identify the car or the driver at the scene. Three weeks later, the plaintiff, who lived in the area, saw the defendant's car in the parking lot of Milligan's, recognized it as the car that he alleged caused the accident and took down its license plate number. He then brought this action against the defendant based on negligence theories of recovery.
Settlement Discussions
The plaintiff initially demanded $125,000 which was reduced in a C.C.P. º998 settlement demand for $89,000. The defendant made no offers.
Specials in Evidence
$1,700 $22,000 $80,000 $30,000
Injuries
The plaintiff alleged that he sustained a grade V shoulder separation (right side) requiring surgery to correct the geometry and deformity of his shoulder and minor abrasions and contusions as a result of the accident.
Other Information
The verdict was reached approximately eleven months after the case was filed.
Deliberation
8 hours
Poll
10-2
Length
4 days
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