Paula Castro, et al. v. Baldwin Contracting Company, Inc.
Published: Nov. 7, 1998 | Result Date: Aug. 19, 1998 | Filing Date: Jan. 1, 1900 |Case number: 96AS04104 Verdict – $1,918,000
Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Nelson C. Barry III
(Law Office of Nelson C Barry III)
Experts
Plaintiff
Linn Ferguson
(technical)
Donald J. Basham
(technical)
V. Paul Herbert C.P.S.A.
(technical)
Defendant
Donald L. Asa
(technical)
Dean Hodge
(technical)
Dean B. Tuft
(technical)
Facts
On Aug. 19, 1994, the decedent, a 39-year-old self-employed truck driver was driving a water truck, on hire to the U.S. Forestry Service, on route to a fire in Plumas National Forest, when he lost control of his truck at a sharp curve at the bottom of a steep grade. The truck flipped over, and he was ejected and killed. The plaintiffs, the decedent's wife and minor children, brought this action against the defendant contractor based on negligence.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $1,050,000. The defendants made a C.C.P. º998 offer of compromise for $175,000.
Other Information
The verdict was reached approximately two years and 11 months after the case was filed. Several settlement conferences and mediations were held in the years before trial. The case thereafter settled at a hearing on a motion for a new trial.
Deliberation
five hours
Poll
12-0 (negligence), 9-3 (causation), 9-3 (damages), 11-1 (contributory negligence), 12-0 (proximate cause on contributing negligence)
Length
13 days
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