Brian Smith v. Paul Giem, Marla Giem, et al.
Published: Oct. 18, 2001 | Result Date: Oct. 12, 2000 | Filing Date: Jan. 1, 1900 |Case number: SCV43259 Verdict – $300,000
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Stanley W. Hodge
(Law Offices of Stanley W. Hodge)
Defendant
Douglas D. Cullins
(Cullins & Grandy LLP)
Experts
Plaintiff
William Bunnell
(medical)
Roberta J. Spoon
(technical)
Defendant
Edward A. Abraham M.D.
(medical)
Jeffrey A. Bounds M.D.
(medical)
Michael N. Brant-Zawadzki M.D.
(medical)
Facts
On Oct. 8, 1997, at the intersection of Barton Road and Preston Street in Grand Terrace, the
defendant, in a 1987 Toyota pickup truck owned by her father, turned left on a green light and
directly into a 1985 BMW 325 driven by a friend of the plaintiffÆs. Both vehicles were totaled in
the accident for which the defendant admitted liability.
Settlement Discussions
The plaintiff first demanded $2,000,000 but this was subsequently reduced to $750,000 on the first day of the trial. At trial, in closing argument, the plaintiff requested a verdict of $3,685,3813. The defendants made an C.C.P. Section 998 offer of $500,000 which was rejected.
Specials in Evidence
$6124 $16,491 $333,018 None
Injuries
The plaintiff suffered from a T-12 compression fracture; herniated disc; several micro-compression thoracic fractures; a broken collarbone; a sprained ankle; soft tissue sprains to the neck and back; daily pain and permanent disability.
Result
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Other Information
The defendants requested costs in the sum of $110,843 but were awarded $50,141.79 by way of C.C.P. Section 998. The verdict was further reduced by $107,000 because of a prior settlement by another co-defendant.
Deliberation
5.5 hours
Poll
9-3
Length
11 days
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