Giovanni Avalos, Gonzalo Avalos, Cassandra Avalos v. Alan Paul Koetz
Published: Aug. 19, 2003 | Result Date: Mar. 20, 2003 | Filing Date: Jan. 1, 1900 |Case number: 418166 Verdict – $0
Judge
Court
San Mateo Superior
Attorneys
Plaintiff
Rafael Crespo Jr.
(The Law Offices of Rafael Crespo Jr.)
Defendant
Michael C. Serverian
(Office of the Santa Clara County Counsel)
Experts
Plaintiff
Robert G. Liptai
(technical)
Defendant
Richard N. Stuart
(technical)
Facts
On Sep. 1, 2000, at approximately 9:00 p.m., the plaintiff, Giovanni Avalos, a 5-year-old boy, was attempting to cross Maple Avenue in San Francisco when he was struck by a car driven by the defendant Alan Koetz. Giovanni Avalos sued the defendant alleging vehicular negligence. The minor plaintiff's father and sister, both witnessed the accident and filed Dillon v. Legg emotional distress claims.
Settlement Discussions
The plaintiffs demanded $2,500; the defendant offered $1,500.
Specials in Evidence
$10,000
Injuries
Giovanni Avalos sustained a fractured cheekbone. The plaintiffs, Gonzalo and Cassandra Avalos (father and sister of the minor plaintiff) claimed emotional distress damages after witnessing the accident.
Deliberation
one day
Poll
9-3 (no negligence)
Length
four days
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