Gail Kerr; Christopher Kerr and Barry Smith v. Ultra Neon Sign Corporation; Pedro Ruvalcava; Sharon Rae Rios, et al.
Published: Oct. 17, 1998 | Result Date: Sep. 2, 1998 | Filing Date: Jan. 1, 1900 |Case number: 711035 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Ronald P. Carr
(technical)
Donald Feeney
(medical)
Defendant
Brian J. Killeen
(medical)
Peter M. Burkhard
(technical)
Facts
On May 30, 1996, plaintiffs Gail Kerr, age 38, Barry Smith, age 51, and Chris Kerr, age 13, were all traveling in the same car and were involved in a multi-car accident on the southbound Interstate 5 in Encinitas. Defendant Pedro Ruvalcava was driving a white Toyota pickup truck in the No. 1 lane behind a white van and saw the van come to an immediate stop. Ruvalcava did not have time to stop so he veered into the No. 2 lane. He struck the van, however, but the damage revealed that he scraped the left side of his vehicle as he struck the right rear bumper of the van. Ruvalcava told the investigating police officer that he was traveling too close to the van but if he "had six more inches," he would have cleared the vehicle. Barry Smith, driver of the plaintiffs' vehicle, testified that they were traveling in the No. 1 lane at the time of the accident behind Ruvalcava and they rear-ended the van immediately after Ruvalcava changed to the No. 2 lane. There was no contact between plaintiffs' vehicle and Ruvalcava's vehicle. The plaintiffs brought this action against the defendandants based on negligence. Plaintiffs named only two of the vehicle drivers as defendants which were Sharon Rios and Pedro Ruvalcava (an employee of Ultra Neon Sign Corp.)
Settlement Discussions
The plaintiffs demanded $35,000 for all plaintiffs. Defendant Pedro Ruvalcava and Ulta Neon Corp. made a C.C.P. º998 offer for a total of $3,000. Sharon Rios also offered a global settlement of $3,000.
Specials in Evidence
$5,609 (Chris Kerr); $3,500 (Gail Kerr); $4,212.01 (Barry Smith)
Injuries
Chris Kerr allegedly broke his jaw in this automobile accident. He suffered from cystic fibrosis and also had a liver transplant two months before this accident. The trauma from the accident allegedly aggravated his pre-existing symptoms. Gail Kerr suffered soft tissue injuries to her neck and back. Barry Smith suffered soft tissue injuries to his neck and back.
Other Information
The verdict was reached approximately one year and three months after the case was filed.
Deliberation
20 minutes
Poll
12-0
Length
five days
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