Brinson v. Sjovold
Published: Sep. 13, 1997 | Result Date: Jul. 10, 1997 | Filing Date: Jan. 1, 1900 |Case number: 207533 Verdict – $27,145
Judge
Court
Santa Barbara Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Paul Satz
(medical)
Mark Corazza
(medical)
Roy Scott Hickman
(technical)
John C. Meyers
(technical)
John E. Nordstrand
(technical)
John E. Norris
(Davis & Norris LLP)
(medical)
Clarke David Espy
(medical)
H. Ronald Fisk M.D., Ph.D.
(medical)
Defendant
Jeffrey M. Lulow
(medical)
William P. Jennings
(technical)
Roderick D. Stroud
(technical)
Edward L. Bennett M.A.
(technical)
William W. Sutherling
(medical)
Neil Paul Ronald Rosenthal M.D.
(medical)
Facts
On May 6, 1994, plaintiff Brinson, a 20-year-old waiter and student, was driving his vehicle when the defendant, who was driving his vehicle on the opposite side of the road, began to spin. The defendant overcorrected and went over the center line resulting in a T-bone collision with the plaintiff's vehicle. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $250,000 (policy limits). The defendant made a C.C.P. º998 offer of compromise for $50,000. The plaintiff then raised his demand to $1 million. The defendant served his own $250,000 statutory offer to compromise three months prior to the initial trial date. The defendant also offered on two occassions prior to the commencement of trial to tailor the $250,000 settlement offer into a structured settlement. The plaintiff rejected all of the defendant's offers. The plaintiff made a $400,000 demand on the first day of trial. The plaintiff also made a $60,000 demand post trial.
Specials in Evidence
$20,000 $500,000 $138,000
Injuries
The plaintiff claimed he suffered soft-tissue neck and back injuries with seizure disorder. The plaintiff received chiropractic, neurological and neuropsychological medical treatments. He claimed the need for lifetime maintenance treatments for his seizure disorder.
Other Information
The verdict was reached approximately two years after the case was filed. POST TRIAL MOTIONS: The defendant submitted a memorandum of costs in the amount of $54,316.68. The plaintiff submitted a memorandum of costs in the amount of $43,650.79. The plaintiff filed a motion for new trial, motion for attorney's fees pursuant to C.C.P. º2033(o) and a motion to strike or tax defendant's cost bill. The defendant filed a motion to strike or tax plaintiff's costs bill. The court denied the plaintiff's motion for new trial and motion for attorney's fees. The plaintiff was denied any recovery of costs. The court granted the defendant costs of suit including expert witness fees incurred after the expiration of the defendant's $250,000 offer of compromise.
Deliberation
1.5 hours
Length
2 weeks
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