Duan Brereton v. Ralph Ruocco
Published: Oct. 10, 1998 | Result Date: May 6, 1998 | Filing Date: Jan. 1, 1900 |Case number: 710439 Verdict – $20,885
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Charles J. Furst Ph.D., ABCN
(medical)
Tyronne Hardy
(medical)
Daniel P. Denenberg
(medical)
Facts
On May 14, 1996, plaintiff Duan Brereton, a 33-year-old self-employed appliance service technician, stopped for an In & Out hamburger in Santee, Calif. He picked up his food and then travelled to the parking lot exit which was controlled by a traffic light. The plaintiff stopped for the red light and when the light turned green, entered the intersection and was struck by the defendant's Mercedes. The force of the accident moved the plaintiff's vehicle across the intersection and caused the driver side seat to partially collapse. The plaintiff's version of the accident was substantiated by two independent witnesses. The defendant denied liability and claimed that he believed he entered the intersection on a green light. The defendant also contended that plaintiff's disc herniation resulted from prior accidents and was exacerbated by a subsequent accident. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $100,000 reduced to $75,000. The defendant made an offer of $30,000.
Specials in Evidence
$40,350.86 $40,000 $18,000 (for retraining)
Injuries
The plaintiff was diagnosed with a lumbar strain and contusion and sent for physical therapy. When the plaintiff's pain complaints were unrelenting, he was sent for an MRI at which time his disk herniation was diagnosed. The plaintiff underwent an L4-5 diskectomy with the insertion of a bone growth stimulator. The second surgery took place later in 1997 for the removal of the bone growth stimulator.
Other Information
EXPERT TESTIMONY: Defendant introduced testimony from plaintiff's treating doctor that the plaintiff had been involved in a prior 1981 fall in the oil fields of Louisiana. Additionally, the plaintiff was involved in another automobile accident in the late 1980's, at which time he was advised not to continue his work as an appliance repair technician. Finally, the plaintiff was involved in a minor subsequent accident.
Deliberation
five hours
Poll
11-1
Length
seven days
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