Pamela Hammond v. Gold Rush Express, Moanavalevale Peko
Published: Aug. 19, 2003 | Result Date: May 7, 2003 | Filing Date: Jan. 1, 1900 |Case number: CV806495 Verdict – $273,368
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Sharon McClearney
(medical)
Terence J. Delaney
(medical)
Facts
On Aug. 1, 2001, the plaintiff, a 47-year-old homemaker, was driving her 1996 Plymouth Voyager van in the intersection of Blossom Hill Road and Koosvar in Santa Clara. At the same time, the co-defendant Moanavalevale Peko, in the scope of his employment with the co-defendant Gold Rush Express, was driving a 2000 Chevrolet Metro. Both vehicles entered the intersection at the same time and the right front of the Metro collided with the front left of the Voyager, totaling both vehicles. The plaintiff sued both Peko and Gold Rush Express alleging that Peko had run a red light due to inattention. The defendants admitted liability at trial but disputed the nature and the extent of the plaintiff's injuries and damages.
Settlement Discussions
The plaintiff demanded $1 million, reduced to $550,000. The defendants made a C.C.P. Section 998 offer of $125,000, reduced to $100,000 during trial.
Specials in Evidence
$8,368
Injuries
The plaintiff suffered a comminuted fracture of her left ulna. The bone was set and casted but she suffered a malunion of the left distal ulnar, leaving a 22-degree deformity and a loss of 40 to 50 percent range of motion in her left hand regarding supination. The experts agreed that the plaintiff's condition was permanent. An operation could be performed to re-break the bone and re-align it but it was felt that any gain in supination (palm up) might be at the expense of her pronation (palm down). The plaintiff elected not to go through with the surgery.
Other Information
The verdict has been paid, as well as costs and interest.
Deliberation
three hours
Poll
12-0
Length
three days
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