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Personal Injury
Auto v. Pedestrian
Worksite Accident

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

Tomar Mason

Court

San Francisco Superior


Attorneys

Plaintiff

Robert B. Bale
(Dreyer, Babich, Buccola, Wood & Campora LLP)


Defendant

Paul Alan Silver


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


#110368

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