Lisa Michaels DeLarso, Jill Weiss v. Metro Cab Company, and cross-complaint International Cab dba National Cab v. James L. Houchins dba Metro Cab
Published: Sep. 20, 1997 | Result Date: Aug. 15, 1997 | Filing Date: Jan. 1, 1900 |Case number: 961676 Verdict – $258,247
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Eric M. Abramson
(Abramson Smith Waldsmith LLP)
Defendant
Facts
On June 16, 1993 the two out-of-state plaintiffs, Lisa Michaels DeLarso, a 27-year-old account executive, and Jill Weiss, a 29-year-old account executive, were unrestrained passengers in a National Cab that was rear ended by a Metro Cab. The plaintiffs brought this action against the defendants based on a negligence theory of recovery. A cross-complaint was filed for indemnity by International Cab dba National Cab, which was dismissed before argument.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $50,000. The defendants made a settlement offer of $30,000.
Specials in Evidence
$8,482 (Michaels DeLarso); $4,861 (Weiss) $2,620 (Michaels DeLarso); $1,080 (Weiss)
Injuries
Plaintiff Lisa Michaels DeLarso alleged rotator cuff tendonitis, bicep tendonitis and right neck sprain. Plaintiff Jill Weiss alleged neck sprain. Both alleged permanent residual symptoms.
Other Information
The verdict was reached approximately three years after the case was filed. An arbitration was held on March 20, 1996 before James Moushegian resulting in an award in favor of plaintiff Lisa Michaels DeLarso against Metro Cab Company and Richard Hybels (driver) in the amount of $10,944.60, and against International Cab dba National Cab Company and Munir Haddad (driver) for $25,537.40. Plaintiff Jill Weiss was awarded $5,076 against defendants Metro Cab Company and Richard Hybels and $11,844 against International Cab dba National Cab Company and Munir Hadad. The defendants requested a trial de novo.
Deliberation
4 hours
Poll
10-2
Length
4 days
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