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Personal Injury
Auto v. Pedestrian
Negligence

Kimberly Williams and Gary Felder v. Timothy Floreen and Penny Stoll

Published: Oct. 24, 1998 | Result Date: Jul. 6, 1998 | Filing Date: Jan. 1, 1900 |

Case number: BC155481 Verdict –  $0

Judge

Paul Boland

Court

L.A. Superior Central


Attorneys

Plaintiff

Samuel O. Ogbogu
(Law Office of Samuel O. Ogbogu)


Defendant

David C. Werner


Experts

Plaintiff

Leonard LaCaze Jr.
(technical)

Charles Bosley
(medical)

Defendant

Nicholas J. Carpenter Ph.D.
(technical)

Milton E. Ashby
(medical)

Facts

On July 5, 1996, plaintiff Gary Felder, a 23-year-old unemployed drywaller, was pushing a disabled vehicle off the freeway when he was struck by defendant. The plaintiff contended defendant violated California Vehicle Code º22350 and 21703. The defendant contended plaintiff was under influence of alcohol when attempting to push the stalled vehicle across multiple lanes of the eastbound 10 freeway from the No. 1 lane. The plaintiffs brought this action against the defendant based on negligence.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $300,000 (policy limits). The defendant made a C.C.P. º998 offer of compromise for $15,000.

Specials in Evidence

$400,000 $100,000

Injuries

The plaintiff claimed he suffered brain damage, herniated disc at C5-6, L4-5 and L5-S1; and severe fracture to tibia and fibula. He claimed he is disabled for life.

Other Information

The plaintiff filed a motion for a new trial.

Deliberation

½ hour

Poll

12-0

Length

10 days


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