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Personal Injury (Vehicular)
Auto v. Pedestrian
Intersectional Collision

Lucia Gomez v. Los Angeles Community Colleges, et al.

Published: Jun. 8, 1996 | Result Date: May 2, 1996 | Filing Date: Jan. 1, 1900 |

Case number: BC127322 –  $756,789

Judge

Abby Soven

Court

L.A. Superior Central


Attorneys

Plaintiff

Charles M. Finkel


Defendant

Michael B. Lawler

Darryl H. Graver

Cassandra E. Wentt


Experts

Plaintiff

Lawrence J. Richman J.D.
(medical)

Stephen Michel
(medical)

Alfred N. Roven
(medical)

Jacob E. Tauber M.D.
(medical)

Yezid Melo
(medical)

Defendant

Kerry A. Berg
(technical)

John F. Kerkhoff
(technical)

Facts

On November 11, 1994, the plaintiff, Lucia Gomez, a 49-year-old cook at U.S.C. and part-time house cleaner, was waiting to cross Los Feliz at the intersection of Los Feliz and Vermont. As she was waiting (either on the corner, or as two paramedic witnesses placed her, in the pedestrian crosswalk), a vehicle driven by the defendant automobile driver and a pickup truck driven by the defendant, Thomas Anthony Wade, collided in the intersection. The car driven by the defendant driver, careened into the plaintiff. The defendant automobile driver was employed by the defendant, Los Angeles Community Colleges ("LACC"). Defendant Wade was working within the course and scope of employment for the defendant, Curry Brothers, at the time of the accident. The defendant automobile driver's insurance company paid the $100,000 (policy limits) prior to trial, and she was dismissed as a defendant. The plaintiff brought this action against the defendants, the driver and their respective employers, based on negligence and respondeat superior theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $100,000 to Wade and $449,999 to LACC. The defendants made no settlement offers.

Specials in Evidence

$54,805 $13,284 $136,789 (disputed) $68,700

Injuries

The plaintiff alleged that she sustained an abdominal de-gloving injury with perforation of her small bowel resulting in 10 inches of small bowel having to be removed. abdominal scarring, numbness to her abdomen and left leg, a torn meniscus of her left knee and post-traumatic depression as a result fo the accident.

Other Information

The verdict was reached approximately two years and three months after the case was filed.

Deliberation

1 day

Poll

11-1 (liability); 9-3 (non-economic loss); 12-0 (economic loss)

Length

5 days


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