Jeffrey Marcum, Jennifer Marcum v. Roy Michael Guinnane, Guinnane Construction Co., Capitol Properties, Eleanor Lew
Published: Feb. 15, 2005 | Result Date: Sep. 16, 2004 | Filing Date: Jan. 1, 1900 |Case number: CGC03419893 Verdict – $0
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Robert B. Bale
(Dreyer, Babich, Buccola, Wood & Campora LLP)
Defendant
Experts
Plaintiff
William R. Neuman
(technical)
Eric E. Bugna
(medical)
Facts
Jeffrey Marcum, a 27-year-old electrician, was unloading bags of cement from the back of a pickup truck at a worksite in San Francisco along with co-workers. The truck was parked next to the right curb of a narrow one-way street. Marcum, who has total hearing loss in one ear and 40 percent hearing loss in the other, was struck by a Lexus driven by Roy Guinnane and owned by the passenger, Eleanor Lew as Marcum lifted a bag onto his shoulder and stepped back from the pickup.
Settlement Discussions
The plaintiffs demanded $35,000, reduced to $20,000. The defendants made no offer.
Specials in Evidence
$4,000 $13,000
Injuries
Marcum sustained a fractured right fibula. His leg was casted and he had to use crutches to walk. He was off work for four months, but he fully healed from the injury. Marcum's wife, Jennifer, filed a claim for loss of consortium.
Other Information
Lew and Capitol Properties were dismissed before trial.
Deliberation
two hours
Poll
11-1
Length
four days
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