Deanna Martinetti v. City and County of San Francisco
Published: Sep. 13, 1997 | Result Date: Aug. 21, 1997 | Filing Date: Jan. 1, 1900 |Case number: 975637 Verdict – $202,000
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Facts
On Aug. 19, 1995, plaintiff Deanna Martinetti, a 21-year-old woman, was a passenger on a San Francisco cable car when it collided with another cable car. The plaintiff was standing on the outside of the car. Both feet were hit and her left foot was trapped for five to six seconds between the two cars. She pulled her foot free and moved to the sidewalk to await emergency help. The plaintiff brought this action against the defendant based on a negligence theory of recovery. The defendant admitted liability.
Settlement Discussions
The plaintiff made a settlement demand of $275,000. The defendant made a settlement offer of $46,000.
Specials in Evidence
$4,692.25 $6,112
Injuries
The plaintiff alleged severe crush injuries to both lower limbs and a fractured right hallux. Both lower limbs were in Jones casts for six weeks following the accident. Afterwards she was dependent on a walker, started physical therapy at Kaiser and continued with home exercise. The plaintiff missed one semester of college in 1995; she returned to classes in the winter of 1996. When she returned to work she was limited to being on her feet no more that six hours per day. She cannot stand for prolonged periods without pain, her feet are frequently cold, and they are stiff and sore in the morning. She must use orthotic supports, and it is painful to put pressure on her feet, such as in squatting, bending or kneeling. She cannot actively participate in sports such as skiing, volleyball or softball. Before the accident she had been an avid hiker, skier, water skier and volleyball player.
Other Information
The verdict was reached approximately one year and seven months after the case was filed. ARBITRATION: An arbitration was held on Jan. 23, 1997 resulting in an award of $140,370. The defendant requested a trial de novo.
Deliberation
1 hour
Poll
12-0 (economic damages); 11-1 (non-economic damages)
Length
3 days
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