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Personal Injury
Product Liability
Negligence

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

Arthur E. Wallace

Court

Kern Superior


Attorneys

Plaintiff

Todd A. Gall

Brandon B. Holladay


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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