Roderick Giles, Sharon Giles v. Valerie Jean De La Torre, City of Port Hueneme
Published: Aug. 26, 2003 | Result Date: Nov. 27, 2002 | Filing Date: Jan. 1, 1900 |Case number: CIV195731 Verdict – $0
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Mark J. Ghilarducci
(medical)
John Turner Jr.
(technical)
David C. Royer
(technical)
Robert W. Crommelin
(technical)
Cory L. Gray
(technical)
Tamorah Hunt
(technical)
Defendant
John E. Nordstrand
(technical)
Michael S. Varat
(technical)
Nazir Lalani
(technical)
Facts
The plaintiff, a 41-year-old motorcycle police officer with the City of Ventura was, while uniformed, traveling on a Sunday morning on Ventura Road on his department-issued Kawasaki 1000 while en route to an assignment. Simultaneously, the defendant Valerie De La Torre was driving her vehicle southbound on Ventura Road and was attempting to make a left turn from a left-turn pocket lane and into a strip mall close to the intersection of Ventura and Channel Islands Boulevard when her vehicle was struck by Giles' motorcycle part way through the turn. The collision resulted in the plaintiff being propelled over the defendant's vehicle and he finally came to rest about sixty feet from the place of impact. Prior to trial, the defendant De La Torre settled with the plaintiffs for $15,000, which left the City of Port Hueneme as the only defendant at trial.
Settlement Discussions
The plaintiff submitted a demand of $850,000; the defendant offered $75,000 by way of C.C.P. Section 998.
Specials in Evidence
$69,437 $139,091 $1,068,735 (present value)
Damages
The plaintiff's wife filed a motion for loss of consortium.
Injuries
The plaintiff suffered multiple fractures, the most serious of which were to the tibial plateau of his left leg and left wrist. As a result of the injuries, he was medically retired from the Ventura Police Department.
Other Information
The plaintiffs have filed a motion for new trial, which was denied. They have filed an appeal. The City of Port Hueneme has filed a memorandum of costs and the plaintiffs filed a motion to tax costs, which was denied. The City was awarded ordinary costs and expert witness fees of $31,000 by virtue of its C.C.P. Section 998 offer.
Deliberation
two hours
Poll
12-0
Length
nine days
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