Patricia Boyd v. Southside Moving Center, U-Haul Company of California
Published: Aug. 26, 2003 | Result Date: Apr. 3, 2003 | Filing Date: Jan. 1, 1900 |Case number: 244758JES Verdict – $5,279
Judge
Court
Kern Superior
Attorneys
Plaintiff
Defendant
Brad Snyder
(Law Offices of Brad Snyder)
Experts
Plaintiff
Daniel Silver M.D.
(medical)
Defendant
Robert Gazmarian
(medical)
Facts
The plaintiff, a 37-year-old certified nursing assistant, rented a U-Haul truck from Southside Moving Center in Bakersfield. She attempted to pull the ramp out of the bottom of the bed of the truck. A part was missing which resulted in the entire ramp coming out of the truck. A portion of the ramp then fell on the plaintiff's right foot. The plaintiff sued Southside Moving Center and U-Haul of California alleging negligence and products liability. The defendants admitted liability and acknowledged that the plaintiff had sustained a fractured toe but disputed the plaintiff's claim regarding the tarsal tunnel syndrome. The defendants argued that the only medical expenses that were related to the accident amounted to $279. The plaintiff's counsel stated that the plaintiff's physician had misdiagnosed the injury and had not diagnosed tarsal tunnel syndrome until three weeks prior to trial.
Settlement Discussions
The plaintiff demanded $15,000, subsequently raised to $24,700 (acceptance of the arbitration award), and later raised her demand to $75,000. The defendants offered $30,000.
Specials in Evidence
$5,864 $12,000 (including surgery)
Damages
The plaintiff asked the jury to award $200,000 in general damages.
Injuries
The plaintiff sustained a comminuted fracture of her right great toe, she also claimed that she suffered from a condition known as tarsal tunnel syndrome.
Result
The jury awarded $5,729. A prior arbitration awarded the plaintiff $24,700. The defendants requested trial de novo.
Other Information
A prior arbitration awarded the plaintiff $24,700. The defendants requested trial de novo.
Deliberation
one hour
Poll
9-3
Length
three days
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