Samuel Bender, a minor, by and through his Guardian ad Litem, Connie Bender v. I-101 Express Inc., Craig Pennington, Sydney Kye Garmon
Published: Feb. 23, 2005 | Result Date: Jul. 6, 2004 | Filing Date: Jan. 1, 1900 |Case number: SCV12135 Verdict – $0
Judge
Court
Placer Superior
Attorneys
Plaintiff
John M. O'Brien
(O'Brien & Zehnder Law Firm)
Defendant
R. James Miller
(Powers Miller)
Experts
Plaintiff
William R. Neuman
(technical)
David Tai
(medical)
Defendant
Richard N. Stuart
(technical)
Facts
Craig Pennington, a driver for I-101 Express Inc., a freight company, parked his box-truck in a bike lane across from his house on Springview Drive in Rocklin. Samuel Bender, age eight, was trying to skate across the street at a crosswalk 25 feet, three inches away from the truck. Despite his attempts to monitor traffic as it passed the box truck, Bender was hit as he entered the crosswalk by a Pontiac driven by Sydney Garmon.
Settlement Discussions
Bender demanded $85,000. Pennington and I-101 Express offered $52,500 to settle the claim. Garmon settled with Bender before trial for his policy limit of $15,000.
Specials in Evidence
$57,632
Damages
$200,000 for pain and suffering.
Injuries
The collision broke Bender's left leg and his left arm. He was hospitalized for four days. He had to have a rod placed in his arm for two months, the removal of which required surgery.
Other Information
Bender opposed a defense motion to recover ordinary and expert costs. Judge James Garbolino ruled that the lack of signage made the parking ordinance unenforceable. He thus granted the defense motion in limine to exclude all reference to the ordinance. He also granted the defense motion to prohibit negligence per se jury instructions.
Deliberation
three hours
Poll
three hours
Length
four days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390